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Home My WebLink About2024-04-16 Planning Board Minutes � = � , r��l �� _ '�'��1/��,..�� '�``� � �'��'��'� ,� , . � .. �TM --� o �1EV�� L��EI'`��I' �� ITY �� BANG+C�R. PLANVUII�IG DIVIS[C7V�7 PLANNING BOARD TUESDAY, APRIL 16, 2024, 7:00 P.M. PENOBSCOT ROOM, LOWER FLOOR OF PENQUIS CAP 262 HARLOW STREET MEETING MINUTES Board Members Present: Chair Reese Perkins Vice Chair Ted Brush Michael Bazinet Trish Hayes Donald Meagher Joshua Saucier Janet Sanborn Jonas (voting in absence of Member Boucher) City Staff Present: Anja Collette, Planning Officer Grace Innis, Assistant Solicitor Brian Scannell, Planning Analyst Chair Perkins called the meeting to order at 7:00 P.M. PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS 1. Zone Chanqe— 1017 Union Street-Map-Lot R24-017—Shoppinq & Personal Service District (S&PS) to Government & Institutional Service District (G&ISD) - To amend the Land Development Code by changing a parcel of land, located at 1017 Union Street, Map-Lot R24-017, from Shopping & Personal Service District (S&PS) to Government & Institutional Service District (G&ISD). Said area of land contains approximately 17.45 acres total. Applicant: Encompass Health Maine Real Estate, LLC. Owner: Union Street Associates LLC. Jim Kiser, applicant agent, presented to the podium and gave overview of application. Chair Perkins asked to clarify that applicant does not presently own property— Kiser confirmed that they have a purchase & sale agreement with the property owner. Perkins questioned whether the property owner should be the requesting the zone change rather than the applicant. Kiser responded that he has seen both scenarios in his experience and provided context. Planning Officer Anja Collette also confirmed that she sees this commonly in the commercial purchase&sale process and confirmed that the purchase & sale agreement for this property did allow the purchaser to pursue a zone change. Perkins also asked 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,April i6, 2024 if zone change approval can be conditional upon sale of property to applicant — Collette responded that it cannot. Chair Perkins asked staff for any additional comments —there were none. Chair Perkins asked the Board for any questions or comments. Chair Perkins asked about allowed use for medical clinics in property's current zone. Planning Officer Collette responded that applicant's proposed use is larger scale than medical clinic use already allowed in zone; noted this was discussed with Code Enforcement, as well. Perkins also noted 80ft height limit in proposed zone— Kiser responded that applicant has no plans to build to this height. Chair Perkins opened the public comments —there were none. Public comments closed. Member Saucier expressed support for proposed use of property. Member Saucier moved that the Board recommend to City Council that the proposal to amend the Land Development Code by changing a parcel of land, located at 1017 Union Street, Map-Lot R24-017, from Shopping & Personal Service District (S&PS) to Government & Institutional Service District (G&ISD) ought to pass. Seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed. Motion passed. 2. To amend the Land Development Code, §254 (Short-Term Rental Licenses) by updating the expiration process for short-term rental licenses and adding required details for short-term rental license applications. Planning Officer Anja Collette gave an overview of the proposed amendment. Chair Perkins asked the Board for any questions or comments. Member Bazinet asked to clarify the cap on short-term rental licenses and the specifics of the licensing process — Planning Officer Collette clarified. Bazinet expressed concern over individuals getting "locked out" of getting licensed due to cap; Collette clarified how cap was determined and City Council's recommendations regarding this. Collette added that, as the housing stock grows, availability of short- term rental license spots will also increase. Collette also clarified that the cap only applies to non-hosted short-term rentals; Bazinet stated that assuaged his concerns. Chair Perkins asked whether there will be a lag time between individuals registering for their license and inspections being conducted — Planning Officer Collette responded that there likely will be but the software system also only allows one date for expiration, so that produces an additional limitation. Perkins also asked to clarify the license renewal process—Collette clarified. Perkins also asked Collette to define the term "natural person" used in the ordinance — Collette clarified definition and gave context for why this term was used. Page 2 �4 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,April i6, 2024 Member Bazinet asked about the possibility of a server crash when online registration system opens — Planning Officer Collette responded that current figures obtained by monitoring service seem to indicate the number of individuals operating short-term rentals will be low enough to avoid this, so staff are not presently concerned about this possibility. Chair Perkins opened the public comments —there were none. Public comments closed. Vice Chair Brush moved that the Board recommend to City Council that the proposal to amend the Land Development Code, §254 (Short-Term Rental Licenses) by updating the expiration process for short- term rental licenses and adding required details for short-term rental license applications ought to pass. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. OTHER BUSINESS 3. Adoption of Notice of Decision for 230 Bomarc Road Member Meagher moved that the Board adopt the Notice of Decision for Land Development Permit for 230 Bomarc Road, seconded by Member Saucier. Roll call vote conducted — all voting members in favor, none opposed. Motion passed. 4. Adoption of Notice of Decision for 727 & 729 Broadway Member Meagher moved that the Board adopt the Notice of Decision for Land Development Permit for 727 & 729 Broadway, seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. 5. Adoption of Notice of Decision for 516 Union Street Vice Chair Brush moved that the Board adopt the Notice of Decision for Land Development Permit for 516 Union Street, seconded by Alternate Member Jonas. Roll call vote conducted — all in favor, none opposed. Motion passed. 6. Meeting Minutes —April 2, 2024 - Postponed Chair Perkins confirmed that approval of the minutes of April 2, 2024, will be postponed. Chair Perkins asked Planning Officer Anja Collette to give AN overview of City's request for proposals for consulting services regarding the revision of the Land Development Code to align with the Comprehensive Plan. Collette discussed with Board members. Member Bazinet asked to clarify the criteria for accepting a bid proposal — Planning Officer Collette clarified. Discussed deadlines and other specifics with Board members. Bazinet also asked to clarify process for revisions once consultant is selected — Collette stated all revisions to the Code would have to go before the Board. Page 3�4 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,April i6, 2024 Meeting adjourned at 7:43 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 4�4