Loading...
HomeMy WebLinkAbout2024-06-18 Planning Board Minutes �� � � . ���i� � �; ������ ��'� � �'�a"�Q��'� �� � __T _ .. �a � o I��V.EL,���E1`�T . � CITY �� BANGCaR. PT.,hNtluI1�IC DIVIS[C�V�I PLANNING BOARD TUESDAY, JUNE 18, 2024, 7:00 P.M. PENOBSCOT ROOM, LOWER FLOOR OF PENQUIS CAP 262 HARLOW STREET MEETING MINUTES Board Members Present: Chair Perkins Vice Chair Ted Brush Michael Bazinet Jonathan Boucher Trish Hayes Donald Meagher Citv Staff Present: Anja Collette, Planning Officer Brian Scannell, Planning Analyst Grace Innis, Assistant Solicitor John Theriault, City Engineer Chair Perkins called the meeting to order at 7:00 P.M. NEW BUSINESS LAND DEVELOPMENT CODE AMENDMENTS 1. Zone Chanqe — 107 Thomas Hill — Map-Lot 021-097 - Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2) — ***At the June 4 Planning Board meeting, Member Boucher was voted to have a conflict of interest and was recused from this agenda item. The application was subsequently postponed until the June 18 meeting. *** Member Boucher left the proceedings. Chair Perkins made the applicants aware that since not all Planning Board members were present, they could postpone their hearing until a date with a full Planning Board. The applicants agreed to continue with the application. The applicant presented to the Board on the proposed zone change. Vice Chair Brush asked if this could be considered spot zoning because the applicants were applying to rezone the parcel URD-2 while being completely surrounded by URD-1. 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 i8, 2024 Planning Officer Collette clarified that this neighborhood has existing multi-family houses. She also explained the concept of spot zoning in relation to planning theory, case law, and the role of the comprehensive plan in zoning amendments. Stated that prior court cases had established that it's not considered spot zoning if the zoning is done in accordance with an adopted comprehensive plan and that the courts had established that the comprehensive plan should be the guiding force when considering zone changes. Chair Perkins expressed his opinion that this was spot zoning and preferred the City investigate different methods of review, outside of zoning amendments. Chair Perkins expressed his struggles with balancing the comprehensive plan's focus on increasing housing and conservation. Chair Perkins referenced the Housing Report and it's Mini-Villages proposal. He also added that Portland, ME had eliminated single family zoning. Member Bazinet expressed his preference to defer to staff's opinion that this change conformed to the comprehensive plan and mentioned the need for housing in the City. Member Meagher expressed that he found the application in line with the comprehensive plan and did not consider spot zoning to be a problem with this application. Member Hayes expressed her intent to follow staff recommendations. Vice Chair Brush added that the State of California had gotten rid of single-family zoning and mentioned the need for housing. Chair Perkins opened the public comments —there were none. Public comments closed. Member Bazinet moved to recommend that City Council adopt the zone change from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2) at 107 Thomas Hill — Map-Lot 021-097. Seconded by Member Meagher. Roll call vote conducted — Vice Chair Ted Brush, Member Bazinet, Member Hayes, and Member Meagher in favor, Chair Perkins opposed. Motion passed 4:1. LAND DEVELOPMENT PERMITS 2. Land Development Permit — Maior Site Development and Planned Group Development — Hillside Avenue — Map-Lot R41-031-B Member Boucher returned. Chair Perkins made the applicants aware that since not all Planning Board members were present, they could postpone their hearing until a date with a full Planning Board. The applicants agreed to continue with the application. Jason Bird of Penquis CAP presented the project with assistance from Randy Bragg of Carpenter Associates. Page 2 � 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,June i8, 2024 Member Bazinet asked a question about turtle-friendly lighting. Planning Officer Collette explained that it is primarily meant for coastal areas since it relates to sea turtles, but is a good a indication of whether it prevents light pollution. Member Meagher moved that the Board find that the application was deemed complete on June 18, 2024, that the applicant paid all applicable fees (Exhibit 3), and that the proposed project is a Major Site Development and Planned Group Development. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved that the Board find, that based on Exhibit 2 and 18 the applicant satisfied Land Development Code §165-33's requirements regarding filling, grading and earthmoving activities and §165-33.1's requirements regarding Erosion and Sediment Control best practices. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Hayes moved that the Board finds that, based on Exhibit 2, the applicant satisfied Land Development Code §165-66's requirements that a transitional yard abuts any residential districts. Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board finds that, based on Exhibit 2, the applicant satisfied Land Development Code §165-68's requirements for lot frontage. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board finds that, based on Exhibits 2, 23, 32, and 33 the applicant satisfied Land Development Code §165-69's requirements regarding planned group developments. Seconded by Member Boucher. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Meagher moved that the Board finds that, based on Exhibits 2, 4, 21, and 27 the applicant satisfied Land Development Code §165-72 requiring adequate parking spaces and a minimum of 3 handicapped accessible spaces. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved that the Board finds that, based on Exhibits 2, 27, and 31, the applicant satisfied Land Development Code §165-73 regarding parking area location, setbacks, and screening and §165-74 regarding minimum design standards for surface parking and parking lot design. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board finds that, based on Exhibits 2, 4, 10-14, and 45, the applicant satisfied Land Development Code §165-79 & 80, requiring adequate connection to necessary utilities, including public water and sewer when possible. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board finds that, based on Exhibits 2, 4, and 13 the applicant satisfied Land Development Code §165-81 requiring appropriate outdoor lighting and the prevention of light trespass onto adjacent properties. Seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed. Motion passed. Page 3� 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,June i8, 2024 Member Hayes moved that The Board finds that, based on Exhibits 2 and 26 the applicant satisfied the Land Development Code §165-82 requiring adequate fire protection. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that The Board finds that, based on Exhibits 2 and 12, the applicant satisfied the Land Development Code §165-83 requiring adequate electrical services. Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Meagher moved that the Board finds that, based on Exhibits 2, 8, 9, 18, 24, 35, and 36, the applicant satisfied the Land Development Code §165-84 requiring provisions for surface water and storm drainage. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board finds that, based Exhibits 2 and 10 the applicant satisfied the Land Development Code § 165-85 and §165-86 requiring compliance with submitting information of anticipated sanitary flows and compliance with sewer regulation. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved that the Board finds that, based on Exhibit 2 ,4, 27, 37, and 38 the applicant satisfied §165-135 of the Land Development Code regarding height limits, building envelope standards, floor area ratio, impervious surface ratio, and buffer yards. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board finds that, based on the findings made in Parts 1 and 2 of Section IV of this document, the Project meets the requirements of§165-101 for a permitted use (large day-care) within Shopping and Personal Service (S&PS). Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Hayes moved that the Board finds that, based on Exhibits 2, 4, 16, 22, and 40-41, the applicant satisfied the requirements of Land Development Code §165-114.B-C, regarding the proposed parking and loading layout and the proposed access drives from the site to any public right-of-way being arranged in a reasonable and safe configuration, including the provision for safe pedestrian travel to all on-site uses. Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board finds that, based on Exhibits 2, 8, 9, 18, 35, and 36, the applicant satisfied Land Development Code §165-114.D's requirement that stormwater runoff from the proposed development will not have an unreasonable adverse effect on abutting or downstream properties or protected resources, and that all downstream channels or municipal stormwater collection systems have adequate capacity to carry the flow without significant negative effects. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Meagher moved that the Board finds that, based on Exhibits 2, 4, and 13, the applicant satisfied Land Development Code §165-114.E's requirement that all outdoor lighting shall be designed, installed, and maintained to avoid unreasonable adverse effects from light pollution. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Page 4� 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,June i8, 2024 Member Bazinet moved that the Board finds that, based on Exhibits 2 and 31, the applicant satisfied Land Development Code §165-114.F's requirements for landscaping. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved that the Board finds that, based on Exhibits 2, 15, and 27 the applicant satisfied Land Development Code §165-114.G's requirements for building location and setbacks. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Hayes moved that the Board finds that, based on Exhibit 25, the applicant satisfied Land Development Code §165-114.H's requirements regarding unreasonable adverse impacts to significant wildlife habitat and natural areas. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board finds that the project meets the requirements for a Land Development Permit for a Major Site Development and Planned Group Development and therefore, the Board grants the Land Development Permit for the proposed Project. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. OTHER BUSINESS 3. Adoption of Notice of Decision for 931 Union Street - Northern Liqht Health Vice Chair Brush moved to postpone adoption of this item and items 4 and 5 until the July 2 meeting. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. 4. Adoption of Notice of Decision for 287 Godfrev Boulevard - Banqor International Airport 5. Meetinq Minutes -June 4, 2024 OTHER BOARD COMMENTS Vice Chair Brush expressed difficulty finding exhibits from the Findings and Decisions in the packet and suggested staff label files with their exhibit number. Vice Chair Brush also expressed discontent with the length of the Meeting Materials being over 800 pages and suggested removing duplicate files. Planning Officer Collette explained that Land Development submittal requirements include attaching materials submitted to other agencies, in addition to those requested by the City, which can cause duplications to occur where requirements overlap. Chair Perkins considered the legal implication of not including all materials submitted. Planning Officer Collette responded that City Staff would review their processes. Page 5 � 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,June i8, 2024 Meeting adjourned at 7:57 pm. Respectfully submitted, Brian Scannell, Planning Analyst Planning Division Page 6 � 6