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HomeMy WebLinkAbout2023-09-19 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 19, 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 John Theriault, City Engineer Chair Perkins called the meeting to order at 7:00 P.M. PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS 1. Zone Chanqe — Map-Lot R14-006-C — Urban Residence 1 District (URD-1) and Rural Residence &Aqricultural District (RR&A)to Hiqh-Densitv Residential District (HDR) _ To amend the Land Development Code by changing a parcel of land, located on Ohio Street, at Map-Lot R14-006-C, from Urban Residence 1 District (URD-1) and Rural Residence &Agricultural District (RR&A) to High-Density Residential District (HDR). Said area of land contains approximately 9.11 acres total. Applicant/Owner: Harvey & Daniel Sprague. Harvey Sprague, applicant and partial owner of the parcel, presented to the podium. Gave an overview of the application and noted that this zone change would make the parcel more conducive to development as housing. Chair Perkins asked the Board for any questions or comments. Member Boucher asked staff if utilities would be going to this property since it is in the growth boundary defined in the Comprehensive Plan. City Engineer John Theriault responded that public water is already available there, but some work would need to be done by the applicant to connect the property to City sewer. 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 i9, 2023 Chair Perkins opened the public hearing. Tom Russell, trustee of Unit 31 in Sable Ridge development (1434 Ohio Street), presented to the podium. Opposed to this zone change proposal. Referenced a State statute which states that zoning must be consistent with a comprehensive plan, and expressed his opinion that this application does not meet this requirement. Referenced the Future Land Use Map in the Comprehensive Plan, and noted that this area of the City is in the neighborhood residential portion of the map, which is defined as medium-density residential. Noted that as the proposed zoning is high-density residential, it seems inconsistent with this designated area. Feels that the allowed uses in the proposed zone are also inconsistent with this; referenced buildings containing 7-12 dwelling units. Noted that he was unclear on whether there would be an unlimited number of buildings based on the wording in the Code. Expressed that the allowed conditional uses in the proposed are even more inconsistent, specifically referencing 13-30 unit buildings, mobile home parks, and congregate housing. Made reference to the HDR parcel to the northeast of this parcel that is mentioned in the proposal; noted that this was designated for Capehart, which was developed by the federal government and therefore not subject to local zoning. Overall feels that this proposal qualifies as spot zoning and that this change would undermine the integrity of the new Comprehensive Plan. Expressed concern over the precedent that it could set for future development in this neighborhood. Tom Cavanaugh, owner of Unit 16 in Sable Ridge development, presented to the podium. Opposed to this zone change proposal. Expressed concern over possible removal of old-growth trees behind Sable Ridge, what kind of high-density residential development could potentially be built on this lot, negative effects on the water pressure in the neighborhood due to increased use, and possible negative effects on his property value. Chair Perkins responded to Cavanaugh's comments— read through the allowed uses in the High-Density Residential District, noted that the property owner would need to pay for sewer extension to the property, and the City takes steps to prevent reduction in water pressure by placing minimum requirements on pipe size, etc. Marsha Toll, owner of Unit 5 in Sable Ridge development, presented to the podium. Opposed to this zone change proposal without a better understanding of what the applicant's future plans for the property are. Expressed confusion over why the procedure is to apply for a zone change before developing plans for the proposed use of the property. Also expressed that she feels developers have a responsibility to only seek out property in zones that already allow for their desired uses. Chair Perkins responded to Toll's comments —clarified the zone change/site development process and why it is structured this way. Carolyn Adams, owner of Unit 8 in Sable Ridge development, presented to the podium. Opposed to this zone change proposal. Feels that the Board is being asked to make a decision in a vacuum, and expressed that she did not feel that the applicant was very forthcoming regarding his plans for the property. Stated that there are too many unknowns for the Board to reasonably recommend approval to City Council. Also noted concern over the location of the proposed driveway into the lot, and felt that there was not enough room and that it might need a variance. Clarified Cavanaugh's concerns regarding the old-growth trees behind Sable Ridge, and Page 2 � 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September i9, 2023 suggested a conservation easement with the condo owners' association to preserve them. Expressed that, since the owner/applicant bought the property with the knowledge that it is zoned for low-density residential uses, they should not be able to then change the zoning to high-density residential and profit from it. Victoria Holman, 1448 Ohio Street, presented to the podium. Opposed to this zone change proposal. Described the perceived geographic boundaries of the neighborhood in question and a history of the development of this area over the last 30 years that she has lived there. Feels that high-density housing would be significantly out of line with the development of this neighborhood up to this point, and expressed that she feels approving a zone change without an understanding of the proposed use is impractical. Also mentioned concerns over increased traffic on Ohio Street. Dan Nguyen, owner of the home in front of this parcel, presented to the podium. Mentioned a previous occurrence of a developer approaching him with plans for a condo development behind his property, and that his concern at that time had been the size of the driveway, as it was not wide enough for two lanes of traffic. City Engineer Theriault responded that the access strip is 30 feet wide, and the driveway for Sable Ridge is only 22 feet wide, so if a developer put in a similarly-sized driveway, it would be wide enough. Also noted that if the proposal were to include the creation of a road, 50 feet in width would be required. The width of the driveway might control what the applicant could do with the lot. Nguyen also mentioned concern that the previous proposal included expansion onto his land that would have destroyed his leach field, and that that developer had offered to connect his house to City sewer, but this would have torn up his front yard. Noted that the driveway would have gone right past his bedroom window and that half of the property is also wetland. Overall, concerned that the current applicant is going to propose something similar to this. Holman returned to the podium to note that the parcel in question is between land that is zoned Rural Residence &Agricultural (RR&A) and Urban Residence 1 (URD-1), which she felt further supported this proposal's inconsistency with the rest of the neighborhood. Planning Analyst Anja Collette clarified the development process and noted that any use of the land following a zone change would still need to return to the Board for further approval, at which time abutters would be notified and another public hearing would be held. Nguyen returned to the podium to ask why the applicant was proposing high-density residential, as the previous proposal he was approached about was for low-density residential. Chair Perkins clarified the process and reiterated that tonight's proposal is strictly for the zone change, not for any proposed development. Also noted that developers can work with abutting property owners to address concerns such as those brought up by Nguyen. Adams returned to the podium to express concern that, if the zone were approved, the applicant would have no incentive to negotiate with abutting property owners. Jim Munch, resident of Sable Ridge, presented to the podium. Opposed to this zone change proposal. Expressed his feeling that the proposal is contrary to the Comprehensive Plan. Expressed concern over the Page 3� 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September i9, 2023 "Pandora's box" that could be opened that the Comprehensive Plan already seeks to avoid. Feels that it would have a significant impact in a confined area with limited access. Feels it qualifies as spot zoning, and noted that the owner could easily present development plans but still opt to ultimately sell the property, leaving it open to many other uses. Felt that an increase in traffic would seriously impact the current residents' quality of life. Gisela Murray, resident of Sable Ridge, presented to the podium. Opposed to this zone change proposal. Described her affection for the current neighborhood environment and concern over the loss of trees and potential impact on wildlife. Charles Martin, resident of Sable Ridge, presented to the podium. Opposed to this zone change proposal. Expressed support for the concerns mentioned by others thus far. Pearl Grandmont, resident of Sable Ridge, presented to the podium. Opposed to this zone change proposal. Rose Caristi, resident of Sable Ridge, presented to the podium. Opposed to this zone change proposal. Expressed that she has never felt safer than she does in her present home, but that this would change if the abutting property were to become zoned for high-density residential use. Diana Keyser, resident of Sable Ridge, presented to the podium. Opposed to this zone change proposal. Expressed support for the concerns mentioned by others thus far. Noted that she has spoken with other neighbors with similar concerns who were unable to attend this hearing. Russell returned to the podium to comment on others' desire to see a plan for the proposed use from the owner/applicant. Noted that any proposed use could easily be changed, and that tonight's decision has to be based on the potential of all allowed uses in the proposed zone. Jackson (last name not given), a resident of 1474 Ohio Street, presented to the podium to represent the concerns of his family. Opposed to this zone change proposal. Feels that it would have negative impacts on the community and the environment. Chair Perkins closed the public hearing. Development Director Anne Krieg commented on the concerns of the public regarding the zone change process, noting that one of the biggest frustrations is the uncertainty of what can happen with the property in question. Noted that the Board is tasked with looking at the potential build-out of the property, and considering other parameters that affect potential development, such as access roads, setbacks, buffering, etc. Also noted that while the new Comprehensive Plan has been adopted, the Land Use Plan has not been implemented yet and therefore the exact definition of inedium-density residential has not been established. Note that this will be determined during the implementation process and that its intention is to serve as a tier of density that is less than what is seen in urban neighborhoods, but more than what is seen in low-density zones. Noted that, overall, it is the applicant's burden to show evidence supporting the proposed zone change. Member Saucier noted that he lives on Ohio Street but does not feel he lives close enough to this property for Page 4� 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September i9, 2023 him to have a conflict of interest. Noted that he has heard many comments expressing disapproval of apartment-style dwellings, but noted that there are many non-resident owners of the units in Sable Ridge, so there are, presumably, already renters present in the neighborhood. Also asked why the applicant proposed a change to HDR instead of proposing to unify the property under URD-1. Member Meagher asked for clarification on how the Sable Ridge units fit into Low-Density Residential District (LDR) zoning. Krieg responded that LDR allows for attached residential, which would include the townhouse- style homes in Sable Ridge. Meagher also asked if there is a known timeline for the implementation of the Land Use Plan; Krieg responded that it will likely begin this winter. Meagher, Krieg, and Member Huhn discussed the possible changes that could result from this implementation. Chair Perkins commented that he is on the fence about this proposal, as he sees a lack of housing in the City and understands that the City has a goal of creating more housing. Troubled over the term "medium-density residential" and its lack of clear definition at this point. Understands the public's concerns about spot zoning and expressed his disapproval of it. Referenced a line in the Comprehensive Plan that mentions property land use being complementary to surrounding residential areas. Felt that the high-density zoning of the Capehart property is not necessarily support for this zone change as it is old military housing that was not developed with City approval, due to being developed by the federal government. Meagher asked for clarification on the complementary use statement referenced by Perkins —wondered if it applied only to commercial/institutional uses or also to residential uses. Krieg responded that her understanding is that it is intended to apply to commercial/institutional uses. Vice Chair Brush moved to recommend City Council approve the amendment of the Land Development Code to change a parcel of land, located on Ohio Street, at Map-Lot R14-006-C, from Urban Residence 1 District (URD-1)and Rural Residence&Agricultural District(RR&A)to High-Density Residential District (HDR). Member Boucher seconded. Two in favor, five opposed. Motion failed. Recommendation to the City Council is that the change ought not to pass. A survey of the Board members'justifications for their votes was conducted. Member Bazinet was not in favor due to his belief that it qualifies as spot zoning. Vice Chair Brush was not in favor due to his belief that it is contrary to the Comprehensive Plan. Member Meagher was not in favor due to his feeling that the Land Use Plan needs to first be implemented and that the definition of medium-density residential needs to be established. Member Huhn was not in favor due to his belief that it is contrary to the Comprehensive Plan and that more definition needs to be established beforehand. Chair Perkins was not in favor due to his belief that it is contrary to the Comprehensive Plan. Member Hayes was in favor as she feels abutters' concerns would be addressed at the time of site development. Member Boucher was in favor due to his belief that it does not qualify as spot zoning, is it not significantly out of line with other zoning and land use in the area, and that abutters' concerns would be addressed at the time of site development. Page 5 � 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September i9, 2023 OTHER BUSINESS 2. Meeting Minutes — September 5, 2023 Approval of the meeting minutes of September 5, 2023 was postponed to the next Board meeting on October 3, 2023. Chair Perkins addressed the recent incidents of hate speech being presented over Zoom during the public comment portion of City Council meetings, both in Bangor and other municipalities in Maine. Board members discussed the protocol for potential occurrences of this at their own meetings. Member Boucher asked what the protocol is for offensive comments being presented in person during meetings, and what the line is for what can be considered an offensive or hateful comment. Chair Perkins stated that it is primarily the Chair's responsibility to address these comments, but that he is concerned about preserving the public's rights to speak freely. Noted that he tries to rein in potentially offensive comments when it is clear that they are not related to actions that fall under the purview of the Board or are not directly related to the agenda item being discussed. Member Hayes expressed that Board members should be able to raise their hands if someone says something that they feel is offensive. Member Meagher expressed caution on the topic and that he feels people are entitled to their opinions. City Solicitor Dave Szewczyk confirmed that the Chair has the ability to control how long people can speak and discussed that the standard for controlling public comments is not whether they are offensive or not; direct hate speech is separate from this. The Board and staff discussed possible measures for preventing hate speech in future meetings. Chair Perkins also mentioned that some Board members are coming up on the ends of their terms and reminded members of the process to reapply if they would like to serve an additional term. Member Meagher asked for clarification on term limits. Perkins responded that Board members are allowed two 3-year terms, but that there are exceptions, such as when filling out someone's term. Mentioned that Vice Chair Brush and Member Huhn's terms are expiring soon. Development Director Krieg noted that Member Saucier's term expires in 2025. Meeting adjourned at 8:40 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 6 � 6