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HomeMy WebLinkAbout2012-12-04 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF DECEMBER 4, 2012 MINUTES Board Members Present: Paul Bolin Charles Boothby, Alternate Member Doug Damon John Kenney John Miller Julie Williams City Staff Present: David Gould Peter Witham PUBLIC HEARINGS In the absence of the Chairman and Vice Chairman the Board voted to appoint Mr. Damon as Chairman. Also, Alternate Member Boothby was asked to vote. Item No. 1: Amending the Land Development Code, Chapter 165, Section 165-103 – Industry and Service District to add vehicular, equipment, mobile home and machinery sales and service. City of Bangor, applicant. – C.O. # 13- 024. Acting Chairman Damon opened the Public Hearing and asked for Staff comments. Planning Officer David Gould indicated the proposed amendment was intended to add vehicular, equipment, mobile home and machinery sales and service to the Industry and Service District as a permitted use. Over the years some of the locations within the I&S District have proved desirable for businesses that deal in heavy equipment and truck sales. In a few instances those have been accommodated via rezoning or contract rezoning. In the most recent request to expand a semi tractor trailer facility in the I&S District on Perry Road, the Staff in consultation with the Economic Development Department decided to pursue a text amendment to add that use to the District. There were no proponents or opponents speaking to the above zoning amendment and Acting Chairman Damon closed the Public Hearing. 2 Mr. Kenney noted in previous discussions he raised a concern that the land along Godfrey Boulevard was zoned Industry and Service and that would not seem to be a good location for such a use. Mr. Gould noted that he did understand Member Kenney’s concern and offered a few points to consider: first, most all of that land is controlled by the City, a good portion in the BIA Industrial Commercial Park; secondly, our experience has been that the office based uses developed in conjunction with the City typically are preceded by a rezoning to General Commercial and Service District (GC&S). Interestingly, the GC&S District allows this use but the “market forces” have not steered the City to entertain that use along Godfrey Boulevard or elsewhere in the Industrial Commercial Park. The Board discussed how they could appropriately send their message to the Council concerning their general finding that the addition of vehicular sales in I&S in most locations was acceptable, but they did have concern that the area adjacent to Godfrey Boulevard is not likely a location where the City should encourage such uses. Mr. Gould noted that the Board is tasked with making a recommendation on the amendment before them and does not have the ability to amend it. The Staff report that is forwarded on to the City Council will include the Board’s concerns. The Board discussed whether they should further discuss the City’s development policy for Godfrey Boulevard with the Economic Development Office and the appropriate means to convey their concerns to the City Council. Mr. Kenney moved to recommend to the City Council that the Zoning Amendment to add vehicular, equipment, mobile home and machinery sales and service to the Industry Service Districts as a permitted use as contained in C.O. #13-024 be approved. Mr. Bolin seconded the motion. The Board voted 6 to 0 in favor of the motion. Item No. 2: Amending the Land Development Code, Chapter 165, Section 165-68 B – Flag lots. City of Bangor, applicant. C.O. # 13-026. Acting Chairman Damon opened the Public Hearing. Planning Officer David Gould indicated the proposed amendment was intended to codify a number of standards that the Planning Department has been advising applicants to follow. The half dozen standards have to do with requiring a professional land surveyor develop the plan, insuring the 50-foot access strip is maintained at a minimum fifty foot width throughout the length of the access strip, not including flag lots in circumstances where new streets are being proposed, and clarifying that construction of buildings on a approved flag lot is not under a time constraint as are other Land Development Permit Approvals. 3 Mr. Damon asked if the proposal deals with split zoned parcels. Planning Officer Gould noted that it does not. The flag lot provision, while predominantly used in residential districts indicates it’s an option in all districts. Secondly, there are instances in non-flag lot circumstances where zoning boundaries split a property. Staff elected not to add specific language to flag lots. The Board asked if flag lots would allow for shared driveways. Mr. Gould noted that they would and shared driveways are encouraged in new development to lessen impervious cover and limit impacts on sensitive environmental areas. No one spoke either in favor of or in opposition to the proposed zoning amendment. Acting Chairman closed the Public Hearing. Mr. Bolin moved to recommend that the City Council approve the Zoning Amendment to the flag lot provisions of 165-68-B as contained in C.O. #13-026. The motion was seconded by Mr. Miller, and it passed unanimously. Item No. 3: Amending the Land Development Code, Chapter 165, Section 165-66 - Zoning District Boundaries. City of Bangor, applicant. C.O. # 13-027. Acting Chairman Damon opened the Public Hearing. Planning Officer David Gould indicated the proposed amendment was intended to add some flexibility into the standards for transitional yards. The Land Development Code specifies that certain buffers or “transitional yards” be included where commercial or industrial development may abut residential development or similar differing uses. While the provision for landscaping between uses was in the Zoning Code prior in the 1970’s, the current buffer yard standards and transitional yard section was created in 1991. At some point around 2005 the setback standard in the transitional yard requirement was doubled from 10 feet to 20 feet along with adjustments in the landscaping requirements in the buffer yards. In review of two recent projects the 20 foot additional transition yard when added to an existing 30 foot rear yard setback appeared to remove too much land from development. The intent is to provide for some separation or buffer, as well as still accommodate development. The proposed amendment seeks to provide developers two options that allow a lesser setback with a larger buffer or greater setback with lesser buffer. There were no proponents or opponents to the proposed zoning text amendment. Acting Chairman Damon closed the Public Hearing. Mr. Damon did have concerns as to whether reductions in the separation between such uses would adversely impact some homeowners. Ms Williams noted that she thought the proposed language offered some balance and did not want to have the 4 language consume more of a commercial property owners land than reasonably necessary. The Board discussed various scenarios of development where commercial development abuts residential development and whether the Board should be able to consider noise impacts in such situations. Mr. Gould noted the Board is tasked with reviewing plans based on the standards adopted by the City Council. If the Board would like to review some additional standards Staff can look into that, but they need to review applications based on the standards in place. Ms. Williams moved to recommend that the City Council approve the proposed amendment to the standards of “zoning district boundaries” - 165-66 as contained in C.O. #13-027. The motion was seconded by Mr. Miller. The Board voted four in favor and two opposed. APPROVAL OF MINUTES Item No. 4: Planning Board Approval of Minutes. Acting Chairman Damon indicated that the Minutes of the November 20, 2012 Meeting were in order. Mr. Boothby moved to approve the Minutes of the November 20, 2012 Meeting. Mr. Kenney seconded the motion, which carried unanimously. Other Business The Board requested that staff look into how other municipalities in the State handle noise. The Board would like to see what standards they use and have staff provide a comparison between them. Board Members felt that while they find themselves sympathetic to neighbor concerns there are no standards available for them to consider. The Board noted the quarry on Outer Union Street and the concerns of the neighbors. The Board discussed the area along Godfrey Boulevard. Ms. Williams moved to direct the Planning Staff to invite the Economic Development Staff to meet with the Board to discuss development and zoning on Godfrey Boulevard. The motion was seconded by Mr. Boothby. The motion carried unanimously. There being no further items for discussion, the meeting was adjourned at 8:00 p.m.