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HomeMy WebLinkAbout2024-07-16 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, JULY 16, 2024, 7:00 P.M. PENOBSCOT ROOM, LOWER FLOOR OF PENQUIS CAP 262 HARLOW STREET MEETING MINUTES Board Members Present: Vice Chair Ted Brush Michael Bazinet Jonathan Boucher Trish Hayes Janet Sanborn Jonas (voting in the absence of Don Meagher) City Staff Present: Anne Krieg, Development Director Anja Collette, Planning Officer Brian Scannell, Planning Analyst David Szewczyk, City Solicitor Kyle Mullins, Housing Officer Vice Chair Brush called the meeting to order at 7:00 P.M. NEW BUSINESS 1. Public Input Session on Housing Production Plan Sophie Danish and Philip Kash, HR&A Advisors, presented to the Board via Zoom and gave a slideshow presentation introducing a discussion on housing issues. Kash asked the Board for input on housing issues presented — Member Bazinet responded that the presented list does seem to be accurate, but that rental affordability and home ownership would be the two largest concerns in his opinion. Member Boucher stated that he feels housing supply is the most pertinent issue. Alternate Member Jonas stated that she feels it will be difficult to obtain data on the unhoused population. Boucher asked about vacant properties— Kash responded that this can be looked into. Jonas asked about properties with non-resident owners — Kash responded that this can also be looked into. Housing Officer Kyle Mullins mentioned the City's vacant property registration, and noted that this information had been sent to HR&A. 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,July i6, 2024 Kash asked the Board about barriers to creating more housing. Vice Chair Brush responded that there has been concern from citizens about traffic flow and a potential increase in traffic from more housing. Brush also mentioned citizens' concerns regarding changes in neighborhood environments and safety. Alternate Member Jonas asked staff if the City has a hard time attracting developers who are interested in large-scale housing developments. Development Director Anne Krieg responded that many developers have been interested but have found the cost of construction to be a significant barrier. Member of the public Richard Duffy presented to the podium to comment on high percentage of cost- burdened homeowners. Feels that 30% of income spent on housing, which is threshold for being cost- burdened, is a normal percentage and not actually a burden. Kash asked the Board about changes to land use ordinance that have been made recently and whether these have been impactful. Member Boucher responded that those identified by HR&A as being impactful are accurate. Member Boucher asked staff to clarify the Board's role in the upcoming processes of the housing study. Development Director Krieg responded that the first draft of the housing study will be presented to the Board for their recommendation to be presented to City Council. Vice Chair Brush asked about public input. Krieg clarified past meetings that were advertised as well as those upcoming. Planning Officer Anja Collette noted that tonight's meeting also serves as a public input session. Member of the public Joschka Winterling presented to the podium to ask about one of the graphs presented in the slideshow. Reported that it seemed to reflect a net loss in population and wondered if he had misunderstood this. Danish responded that the net loss in population in accurate.Winterling asked why there is a housing shortage if there has been a decrease in population. Kash responded that some housing stock has been lost, and that there is also a shortage of homes that are affordable. PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS 2. Zone Chanqe— Fourteenth Street— Map-Lot R35-054-B - Urban Residence 1 District (URD-1)to Multifamilv and Service District (M&SD) -To amend the Land Development Code by changing a parcel of land, located on Fourteenth Street, at Map-Lot R35-054-B, from Urban Residence 1 District (URD-1) to Multifamily and Service District (M&SD). Said area of land contains approximately 2.59 acres total and is more particularly indicated on the map attached hereto and made part hereof. Applicant/Owner: City of Bangor. Development Director Krieg presented to the podium and gave an overview of the proposal. Vice Chair Brush asked the Board for any questions or comments —there were none. Vice Chair Brush opened the public comments. Page 2 � 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,July i6, 2024 Member of the public Richard Duffy returned to the podium and commented that he is concerned about traffic safety and exiting onto on Fourteenth Street due to the dangerous road curve near property. Member Bazinet asked staff to clarify the location of the property— Development Director Krieg clarified. Vice Chair Brush closed the public comments. Member Boucher moved that the Board recommend to City Council that the proposal to amend the Land Development Code by changing a parcel of land, located on Fourteenth Street at Map-Lot R35-054-B, from Urban Residence 1 District (URD-1) to Multifamily and Service District (M&SD) ought to pass. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. PUBLIC HEARING - LAND DEVELOPMENT PERMITS 3. Land Development Permit — Maior Site Development Plan — 416 Stillwater Avenue — Map-Lot R55-011 - Land Development Permit Application — Major Site Development Plan for proposed construction of an approximately 21,OOOsqft co-living dormitory with an associated parking lot, at property located at 416 Stillwater Avenue, Map-Lot R55-011, in a Contract Shopping & Personal Service District (S&PS) zone. Applicant/Owner: 416 Stillwater Avenue, LLC. Vice Chair Brush introduced the agenda item. Member Hayes mentioned that she lives in the neighborhood behind the subject property and is neighbors with some of the members of the public present to comment on this item. Member Boucher asked staff to clarify the guidelines for determining a conflict of interest— City Solicitor David Szewczyk clarified and discussed with Board members. Member Boucher moved that the Board find that Member Hayes should be recused from this agenda item. Seconded by Member Bazinet. Roll call vote conducted —three opposed, one (Member Bazinet) in favor. Motion failed. Member Hayes asked about the conditions of approval for this project—Planning Officer Collette clarified. Member Boucher moved that the Board find that the application was deemed complete on July 16, 2024, that the applicant paid all applicable Land Development Permit fees (Exhibit 4), and that the proposed project is a Major Site Development. Seconded by Alternate Member Jonas. Roll call vote conducted — all in favor, none opposed. Motion passed. Planning Officer Collette noted that applicant should be offered opportunity to postpone review due to absence of two Board members. Vice Chair Brush offered this to the applicant— applicant discussed with Board members and staff, and elected to go forward with review this evening. Applicant agent Sean Thies, Haley Ward, presented to the podium and gave an overview of application. Page 3� 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,July i6, 2024 Member Bazinet if the rooms would be single-room occupancy—Thies confirmed this would be the case. Bazinet asked if guests would be allowed —Thies responded that the rooms are not designed to accommodate overnight guests. Member Hayes asked if there would be access to the trail behind the property. Thies responded that applicant is currently working with neighboring property owner to secure easement for trail access. Applicant Paul Woods presented to the podium to clarify ownership of and access to trail. Member Boucher asked if the proposed turnaround is sufficient for Fire Department apparatuses— Planning Officer Collette confirmed that it is. Boucher also asked if the building would have sprinkler system installed —Collette and Thies responded that it will. Member Hayes asked about the proposed lengths of stay for residents. Thies responded that it can be short- or long-term rentals — Planning Officer Collette clarified that only 25% of the units could be short- term rentals. Alternate Member Jonas asked why more parking was proposed than what is required. Thies responded that they felt it would be better to air on the side of more parking than less. Planning Officer Collette also clarified that property is on a transit route. Applicant Woods returned to the podium to clarify locations of nearby bus stops and accessibility of sidewalks. Jonas expressed concern over people needing to cross Stillwater Avenue to access a sidewalk. Woods responded that there is a nearby controlled crosswalk. Jonas responded that there is no sidewalk to access the crosswalk. Collette added that Engineering is looking into the possibility of adding sidewalk on this side of Stillwater Avenue, and noted that any impact fees paid by applicant go directly to Engineering for these types of projects. Jonas noted that her primary concerns are pedestrian and bicyclist safety near the property. Vice Chair Brush gave an overview of recommended conditions of approval. Planning Officer Collette noted that she had several additional requests and noted that she will remind Board of these when they reach that section of the standards to review. Vice Chair Brush opened the public comments. Member of the public Jim Allan presented to the podium to ask about buffers between proposed development and trail. Thies responded that property does not directly abut the trail and demonstrated to Allan on site plan. Reiterated that an easement is being pursued. Allan added that he is concerned about bus access at the property due to traffic. Expressed general concerns over traffic in the surrounding area. Vice Chair Brush closed the public comments. Vice Chair Brush asked the Board for any questions or comments. Member Boucher moved that the Board find that, based on Exhibits 2, 3, and 7 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 Bazinet moved that the Board find that, based on Exhibits 2 and 20 the applicant satisfied Land Page 4� 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,July i6, 2024 Development Code §165-68's requirements for lot frontage. Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 2, 12, and 20 the applicant satisfied Land Development Code §165-72 requiring adequate parking spaces and a minimum of 2 handicapped accessible spaces. Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibits 2, 5, 12, and 20 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 Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 2, 21, 22, and 26, the applicant satisfied Land Development Code §165-79 & 80, requiring adequate connection to necessary utilities, including public water and sewer when possible, with the condition that the applicant receive approval from the Bangor Water District for a fixture count form for the Project prior to receiving a building permit. Seconded by Alternate Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Alternate Member Jonas moved that the Board find that, based on Exhibits 2, 3, and 8 the applicant satisfied Land Development Code §165-81 requiring appropriate outdoor lighting and the prevention of light trespass onto adjacent properties. Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that, based on Exhibits 2, 3, and 18 the applicant satisfied the Land Development Code §165-82 requiring adequate fire protection. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibit 2, 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. Alternate Member Jonas moved that the Board find that, based on Exhibits 2, 3, 5, 7, and 28, the applicant satisfied the Land Development Code §165-84 requiring provisions for surface water and storm drainage. Seconded by Member Hayes. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based Exhibits 2, 3, 5, 21, and 22, the applicant satisfied the Land Development Code § 165-85 and §165-86 requiring compliance with submitting information on anticipated sanitary flows and compliance with sewer regulations. Seconded by Alternate Member Jonas. Roll call vote conducted — all in favor, none opposed. Motion passed. Alternate Member Jonas moved that the Board find that, based on Exhibits 2, 5, 15, and 20, 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 Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Page 5 � 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,July i6, 2024 Member Bazinet moved that the Board find that, based on the findings made in Parts 1 and 2 of Section IV of this document, as well as Exhibit 12 noting the proximity to a public transit route, the Project meets the requirements of§165-101 for a permitted use (co-living dormitory) within Shopping and Personal Service (S&PS) with the condition that the applicant receives business and short-term rental licensing as applicable, provides contact information for an on-site manager, and provides evidence that no more than 25% of units will be used as short-term rentals prior to receiving Certificate of Occupancy. Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that, based on Exhibits 2, 5, and 32, the Project meets the requirements of the contract zone, which prohibits certain uses and which limits the building height and the amount of outdoor display or storage on the site. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibit 33, the Project meets the requirements of §165-108.1 requiring the Penjajawoc Marsh/Bangor Mall Management Commission to meet with the developer, provide comments and recommendations, and maintain that no structures be established within 250 feet of the upland edge of the Penjajawoc Marsh. Seconded by Alternate Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Alternate Member Jonas moved that the Board find that, based on Exhibits 2, 5, 12, and 16, 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, with the condition that the applicant provides evidence of a conversation with Community Connector to discuss addition of bus stop at the property prior to receiving Building Permit. 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 Exhibits 2, 3, 5, 7, and 28, the applicant satisfied Land Development Code §165-114.D's requirements for preventing adverse effects from stormwater runoff and ensuring adequate capacity of stormwater collection systems to handle runoff from the development. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 2, 3, and 8, 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 Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Alternate Member Jonas moved that the Board find that, based on Exhibits 2 and 5, the applicant satisfied Land Development Code §165-114.F's requirements for landscaping, tree preservation, and species type. Seconded by Member Hayes. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 2, 5, and 20, the applicant satisfied Land Development Code §165-114.G's requirements for building location and setbacks. Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Planning Officer Collette recommended that the Board discuss the conditions proposed by the Penjajawoc Page 6 � 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,July i6, 2024 Marsh/Bangor Mall Management Commission. Vice Chair Brush asked the applicant for comments. Applicant Woods returned to the podium and reported that he is willing to research all of the recommendations set forth by the Commission and that he will do his best to comply as is reasonable to do so. Discussed some of the specifics of the Commission's recommendations. Collette added some clarification regarding bird-safe windows. Brush asked if the wording of the Commission's recommended conditions should be changed — Board members discussed amongst themselves and with applicant. Member Bazinet asked if the Commission has any authority over the Board in this case—Collette clarified that their role is to provide recommendations to the Board and that they do not have decision making authority. Board members agreed to amend lighting conditions in the Commission's recommendations and clarified procedure to do so with City Solicitor Szewczyk. Member Boucher moved that the Board find that, based on Exhibits 2, 8, 9, and 28, the applicant satisfied Land Development Code §165-114.H's requirements regarding the prevention of unreasonable adverse impacts to significant wildlife habitat and natural areas, with the condition that the Project uses appropriate exterior lighting and uses bird-friendly practices for the design of the windows and building fa�ade in accordance with the recommendations of the Penjajawoc Marsh/Bangor Mall Management Commission. Seconded by Member Bazinet. Roll call vote conducted —four in favor, one (Alternate Member Jonas) opposed. Motion passed. Board members and Planning Officer Collette clarified wording for motion on final standard. Member Boucher moved that the Board find that the project meets the requirements for a Land Development Permit for a Major Site Development and therefore, the Board grants the Land Development Permit for the proposed Project, with the following conditions, in addition to those outlined earlier: A. Evidence is provided that an impact fee in the amount of$8,728.58 has been paid to the Engineering Department prior to a building permit being issued. B. The Project meets the stipulations outlined in the definition of"co-living dormitory" contained in §165-13 of the City's Code of Ordinances. Seconded by Alternate Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. OTHER BUSINESS 4. Discussion on Proposed Code Change — Uses Requiring Land Development Permit Planning Officer Collette presented the agenda item and gave an overview of the proposed Code change. Vice Chair Brush asked the Board for any questions or comments —there were none. 5. Adoption of Notice of Decision for 327 Odlin Road — Giri Hotel Management Member Boucher moved that the Board adopt the Notice of Decision for 327 Odlin Road — Giri Hotel Management. Seconded by Member Bazinet. Roll call vote conducted —all voting members in favor, none opposed. Motion passed. 6. Meeting Minutes — July 2, 2024 Page �� 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,July i6, 2024 Member Bazinet moved to approve the minutes of July 2, 2024, seconded by Member Boucher. All voting members in favor, none opposed. Motion passed. Meeting adjourned at 9:07 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 8 � 8