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Home My WebLink About2025-02-18 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, FEBRUARY 18, 2025, 7:00 P.M. PENOBSCOT ROOM, LOWER FLOOR OF PENQUIS CAP 262 HARLOW STREET MEETING MINUTES Board Members Present: Chair Reese Perkins Vice Chair Jonathan Boucher Ted Brush Trish Hayes Ken Huhn Janet Sanborn Jonas Citv Staff Present: Anja Collette, Planning Officer Jefferson Davis, City Engineer Grace Innis, Assistant Solicitor Brian Scannell, Planning Analyst Chair Perkins called the meeting to order at 7:00 P.M. OLD BUSINESS 1. Meeting Minutes — February 4, 2025 Member Huhn moved to approve the minutes of February 4, 2025, seconded by Member Brush. Roll call vote conducted —all voting members in favor, none opposed. Motion passed. 2. Adoption of Findings & Decisions for R20-006 — Broadway — RSQ LLC Member Hayes moved to adopt the Findings & Decisions for R20-006 — Broadway, seconded by Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. CHAIR INTRODUCTION Chair Perkins made his introduction. NEW BUSINESS LAND DEVELOPMENT CODE AMENDMENTS 3. Zone Chanqe — 861 Broadwav - Map-Lot R41-005 - Contract Industry & Service District 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, February i8, 2025 (I&S*) and Low-Densitv Residential District (LDR) to Shoppinq & Personal Service District (S&PS) - To amend the Land Development Code by changing a parcel of land, located at 861 Broadway, at Map-Lot R41-005, from Contract Industry & Service District (I&S*) and Low-Density Residential District (LDR) to Shopping & Personal Service District (S&PS). Said area of land contains approximately 10 acres total. Applicant: 325 Augusta, LLC. Owner: The Zone Corporation. Chair Perkins introduced the agenda item and asked for any potential conflicts of interest— no Board members expressed a conflict. Andy Johnston, Atlantic Resource Consultants, presented to the podium and gave an overview of the application. Chair Perkins asked the staff for comments— Planning Officer Anja Collette provided clarification regarding the wording of the proposed amendment. Members Brush and Jonas asked for some clarification regarding the proposed use of the lot—Johnston responded and clarified. Chair Perkins asked about the proposed removal of the contract conditions, as they pertain to the existing broadcasting tower. Johnston responded that the tower will likely be removed. Perkins asked staff for additional clarification and whether the presence of the tower would create a non-conformity— Planning Officer Collette responded that she would look into this. Johnston provided additional context. Collette confirmed that she checked the Land Use Code and found that the broadcasting tower would be an allowed use in the proposed zone. Perkins and Member Brush asked for clarification regarding height limits, impervious surface requirements, and building size requirements and whether these would become non-conforming. Collette responded that they would not be since the contract zone conditions are more restrictive than the S&PS allowances. Perkins commented that it would be ideal to have a decommissioning plan for the tower. Chair Perkins opened the public comments. Member of the public, David Craig, presented to the podium and expressed concern over the proposed use of this lot resulting in increased traffic; also expressed concerns regarding pedestrian safety. Chair Perkins responded and provided some clarification around how traffic concerns are typically addressed. City Engineer Jefferson Davis commented that developers can sometimes help mitigate concerns by including traffic improvements in their developments; also noted that the City is planning the addition of sidewalks in the area of the subject property. Planning Officer Collette commented on how the Board should consider potential future land uses and their traffic impacts during their review of proposed zoning amendments. Chair Perkins closed the public comments. Chair Perkins asked the Board for any questions or comments —there were none. Page 2 � 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, February i8, 2025 Member Brush 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 861 Broadway, Map-Lot R41-005, from Contract Industry & Service District (I&S*) and Low-Density Residential District (LDR) to Shopping & Personal Service District (S&PS) ought to pass. Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins commented on the proposed amendment's alignment with the Comprehensive Plan and addressing traffic concerns moving forward. Member Jonas expressed that she believed the proposed zone is the best option for this parcel, but echoed Craig's concerns regarding area traffic. LAND DEVELOPMENT PERMITS 4. Land Development Permit — Minor Site Development — 136 Union Street— Map-Lot 042- 035- Land Development Permit Application — Minor Site Development Plan for replacement of existing concrete retaining wall & wood retaining wall with Redi rock retaining walls, and paving to new walls, at property located at 136 Union Street, Map-Lot 042-035, in the Government & Institutional Service District (G&ISD) and Multifamily & Service District (M&SD). Applicant/Owner: Community Care. Chair Perkins introduced the agenda item and offered the applicant the option to postpone application review until a meeting when more members are present. Applicant agreed to proceed with application review at this meeting. Chair Perkins asked for any potential conflicts of interest—there were none. Member Jonas moved that the Board find that application was deemed complete on February 18, 2025, the applicant paid all applicable fees, and the proposed project is a Minor Site Development. Seconded by Vice Chair Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Lucy Feeney, Haley Ward, presented to the podium and gave an overview of the application. Chair Perkins asked the staff for comments—there were none. Chair Perkins asked the Board for any questions or comments —there were none. Chair Perkins opened the public comments —there were none. Public comments closed. Vice Chair Boucher moved that the Board find that, based on Exhibit 2, 7, and 12, the applicant satisfied Land Development Code §165-19's requirements regarding non-conforming parking. Seconded by Member Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that, based on Exhibits 2, 8, 12, 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 Brush. Roll Page 3� 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, February i8, 2025 call vote conducted —all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibits 2 and 12, the applicant satisfied Land Development Code §165-72 requiring adequate parking, §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 Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibits 2 and 12, the applicant satisfied the Land Development Code §165-84 requiring provisions for surface water and storm drainage. Seconded by Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Jonas moved that the Board find that, based on Exhibits 2, and 12, the applicant satisfied §165-135 of the Land Development Code regarding the impervious surface ratio and buffer yards. Seconded by Vice Chair Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Boucher moved that the Board find that, based on Exhibits 2 and 12, 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 Member Hayes. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibits 2, 8, and 12, 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 Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Jonas moved that the Board find that, based on Exhibits 2, 8, and 12, the applicant satisfied Land Development Code §165-114.F's requirements for landscaping and species type. Seconded by Member Hayes. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that the project meets the requirements for a Land Development Permit for a Minor Site Development, and therefore grants the Land Development Permit for the proposed Project. Seconded by Vice Chair Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. 5. Land Development Permit — Maior Site Development & SLODA — 1017 Union Street— Map-Lot R24-017- Land Development Permit Application — Major Site Development and Site Location of Development Application (MRS Title 38, §484) for construction of a single story, phased rehabilitation hospital with a floor area of 79,388 square feet at 1017 Union Street, Map-Lot R24-017, in the Government and Institutional Service District (G&ISD). Applicant: Encompass Health Maine Real Estate, LLC. Owner: Union Street Associates LLC. Chair Perkins introduced the agenda item and offered the applicant the option to postpone application review Page 4� 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, February i8, 2025 until a meeting when more members are present. Applicant agreed to proceed with application review at this meeting. Chair Perkins asked for any potential conflicts of interest—there were none. Vice Chair Boucher moved that the Board find that application was deemed complete on February 18, 2025, the applicant paid all applicable fees, and the proposed project is a Major Site Development and Site Location of Development Application (MRS Title 38, §484). Seconded by Member Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed. Jim Kiser, Kiser & Kiser Co., presented to the podium and gave an overview of the application. Chair Perkins asked the staff for comments— Planning Officer Anja Collette and City Engineer Jefferson Davis provided clarification regarding an approval condition on the application. Member Jonas asked how this would be impacted by the proposed phasing of the development— Kiser responded and clarified. Member Huhn expressed support for the project. Member Jonas asked for clarification regarding the proposed number of beds for the facility and a discrepancy in the application for the number of beds in Phase 2 — Kiser responded and clarified that it should be 30 but wasn't corrected on the plans. Planning Officer Collette suggested making this revision to the site plans an approval condition —Chair Perkins agreed. Chair Perkins asked about potential conditions regarding noise and working hours for construction — Kiser responded that this would likely be addressed once contractors are lined up. Planning Officer Collette noted that the Board can request an approval condition about this, but that the applicant would have to agree to it since the use is permitted by right. Chair Perkins asked about the timing of the work in the wetland area— Kiser responded that this would likely occur during the first phase as this area is the primary access point for the lot. Chair Perkins opened the public comments —there were none. Member of the public, Peter Keebler, presented to the podium and asked for clarification regarding the type of patients that would be served at this facility. Edmund Ball, Encompass Health, presented to the Board via Zoom and responded that this would serve as an in-patient facility. Keebler expressed opposition to the project due to feeling that the proposed facility would be larger than what the area's needs are; also expressed concerns over the ability to staff this facility and how this might impact other area facilities. Chair Perkins thanked Keebler for his comments but expressed that these concerns are outside the purview of the Planning Board. Chair Perkins closed the public comments. Chair Perkins asked the Board for any additional questions or comments. Page 5 � 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, February i8, 2025 Member Jonas asked how many staff inembers are projected at the completion of the first phase of the project — Kiser responded that he believes it would be approximately 70 staff inembers. Member Huhn asked how many staff would likely be onsite at the same time — Kiser responded that more staff would be onsite during the day than during the evening. Member Huhn moved that the Board find that, based on Exhibits 2, 21, 56, 59 ,60, and 62 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 Vice Chair Boucher. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibits 2, and 55 the applicant satisfied Land Development Code §165-66 requiring a transitional yard for the rear lot line of a lot in the Government and Institutional Service District (G & ISD) which abuts any residential district. Seconded by Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Jonas moved that the Board find that, based on Exhibits 2 and 55, the applicant satisfied the requirements of Land Development Code § 165-68 regarding lot frontage. Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Boucher moved that the Board find that, based on Exhibits 2, 43, and 55, the applicant satisfied Land Development Code §165-72 requiring adequate parking spaces including handicapped accessible spaces, §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 Hayes. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibits 2, 43, and 55, the applicant satisfied Land Development Code §165-76 requiring adequate loading spaces, §165-77 regarding the loading space size, and §165-78 regarding general loading space requirements. Seconded by Vice Chair Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Boucher moved that the Board find that, based on Exhibits 2, 7, 24, 25, 50, 58, and 62, 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 Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibits 2, 36, 55, and 58 the applicant satisfied the Land Development Code §165-81 requiring appropriate outdoor lighting that minimizes light trespass onto adjacent properties. Seconded by Member Hayes. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibits 2 and 49, the applicant satisfied the Land Development Code §165-82 requiring adequate fire protection. Seconded by Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Page 6 � 8 City of Bangor Planning Division Planning Board Meeting Minutes -Tuesday, February i8, 2025 Member Jonas moved that the Board find that, based on Exhibit 2 and 55, the applicant satisfied the Land Development Code §165-83 requiring adequate electrical services. Seconded by Member Hayes. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibits 2, 21, 56, 57, 59, 60, and 62, the applicant satisfied the Land Development Code §165-84 requiring provisions for surface water and storm drainage. Seconded by Vice Chair Boucher. Roll call vote conducted -all in favor, none opposed. Motion passed. Vice Chair Boucher moved that the Board find that, based Exhibits 2, 25, and 62, the applicant satisfied the Land Development Code §165-85 and §165-86 requiring submitting information of anticipated sanitary flow and compliance with sewer regulations. Seconded by Member Huhn. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that, based on Exhibits 2, 3, 43, and 55, 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 Vice Chair Boucher. Roll call vote conducted -all in favor, none opposed. Motion passed. Vice Chair Boucher moved that the Board find that, based on the findings made in Parts 1 and 2 of Section IV of this document, and based on Exhibit 2, 7, and 55, the Project meets the requirements of§165-97B for a permitted use within the G&ISD (Government and Institutional Service District). Seconded by Member Jonas. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that, based on Exhibits 2, 43, 58, and 62 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 Member Hayes. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibits 2, 21, 56, 57, 59, 60, and 62, 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 Boucher. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Jonas moved that the Board find that, based on Exhibits 2, 36, 55, and 58, the applicant satisfied Land Development Code §165-114.E's requirements for outdoor lighting. Seconded by Member Huhn. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibits 2, 3 and 55, the applicant satisfied Land Development Code §165-114.F's requirements for landscaping, tree preservation, and species type. Seconded by Vice Chair Boucher. Roll call vote conducted -all in favor, none opposed. Motion passed. Page �� 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, February i8, 2025 Member Brush moved that the Board find that, based on Exhibits 2 and 55, the applicant satisfied Land Development Code §165-114.G's requirements for building location and setbacks. Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibit 15-17, and 52, the applicant satisfied Land Development Code §165-114.H's requiring the project not have an unreasonable adverse effect on the historic site, significant wildlife habitat, or rare and irreplaceable natural area. Seconded by Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Boucher moved that the Board find that, based on the findings made above in this document and exhibits 2, 6-34, 47, 48, 50, 52, 56-57, 60, and 62, the applicant satisfied Land Development Code §165-114.J, regarding compliance with 38 M.R.S.A. § 484 and applicable Department of Environmental Protection regulations, which includes Chapters 371, 372, 373, 375, 376, 377 and 500. Seconded by Member Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that the project meets the requirements for a Land Development Permit for a Major Site Development and Site Location of Development, and therefore grants the Land Development Permit for the proposed Project, with the condition that the developer's Traffic Engineer assess the operation of the new intersection once the facility has been opened for six months and that the assessment be forwarded to the Planning Division and Engineering Department, and with the condition that the Planning Office receive modified plans within 30 days showing Phase 2 consisting of 30 beds. Seconded by Member Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. OTHER BUSINESS 6. Follow Up on Thouqhts on Land Development Code/Land Use Plan Board members did not have any comments. Meeting adjourned at 8:41 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 8 � 8