HomeMy WebLinkAbout2013-01-02 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
WEDNESDAY, JANUARY 2, 2013
MINUTES
Board Members Present: Miles Theeman, Chairman
Paul Bolin
Charles Boothby
Doug Damon
John Kenney
John Miller
Andy Sturgeon
Julie Williams
City Staff Present: David Gould
Peter Witham
Chairman Theeman called the meeting to order at 7:00 p.m.
CONSENT AGENDA
As no one wished to remove either item for discussion, Chairman Theeman
asked for a motion. Mr. Sturgeon moved to approve the Consent Agenda. Mr. Miller
seconded the motion, which passed unanimously. The items approved are as follows:
Item No. 1: Site Development Plan approval to fill and grade property
located at 1110V and 1120V Stillwater Avenue in a General
Commercial and Service District. Epstein Rhode Island,
LLC and Stillwater Realty Trust, LLC, applicants.
Item No. 2: Site Development Plan approval for placement of a 1,440
sq. ft. modular office building located at 422 Perry Road in
an Industry and Service District. Freightliner of Maine,
Inc., applicant.
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PUBLIC HEARINGS
Item No. 3: To amend the Land Development Code by changing three
parcels of land located at 1049 Broadway from Low Density
Residential District to Shopping and Personal Service
District. Said parcels containing approximately 6.2 acres.
Leadbetter Realty Trust, applicant. C.O. # 13-052.
Chairman Theeman opened the Public Hearing and asked for comments from the
applicant. Mr. Sean Thies, PE of Civil Engineering Services representing Leadbetter
Realty Trust indicated they were seeking to rezone 6.2 acres from Low Density
Residential District to Shopping and Personal Service District. Mr. Thies indicated the
property was located between two commercial properties on Broadway and they felt
their request was consistent with other commercial zoning around them. He didn’t feel
it was an attractive lot to redevelop as low density residential use.
As no one else spoke in favor of the request, Chairman Theeman asked for
comments from opponents. Mr. John Rebar of 39 Woodland Drive indicated the
rezoning was very close to his residential property on Woodland Drive. He was
comfortable with the residential rezoning around his home, in that only other housing
would be developed there. Mr. Rebar said that he received notice of the rezoning
proposal from the Planning Office and they were very helpful in answering his
questions. He felt that once a property is zoned commercial it likely never returns to
residential use. He was concerned that redevelopment of this lot as commercial would
affect his property values. Mr. Rebar indicated that if the applicant came back with a
different plan that did not include the parcel which abuts his property he would be in
favor of commercial zoning along Broadway.
Mr. Jeff Leadbetter of Leadbetter Realty Trust indicated that he would be happy
to designate some of the property adjacent to Hemlock Ridge into open space. He
indicated that he was willing to look at other options.
Planning Officer Gould noted that the request for 6.2 acres which was advertised
and being heard by the Board cannot be amended by the Board at this point. Certainly
Mr. Leadbetter could reapply with a different proposal if he wishes to.
As no one else spoke, Chairman Theeman closed the Public Hearing and asked
for Staff comments. Mr. Gould noted that the City’s Land Use Policy for this portion of
Broadway has been consistent for the last 40 years. In those intervening decades land
consistent with that Land Use Policy has been rezoned and a portion of it developed.
The property in question is beyond what was envisioned as commercial. The existing
insurance building which was formerly zoned Institutional was rezoned as a contract
zone limited to the existing building and office use only.
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Mr. Gould noted that while he was sympathetic to Mr. Leadbetter’s predicament
over the cost of commercial property, he did not feel rezoning residential property to
commercial was in the best interest of Broadway. He noted the troubled 50-unit
attached residential project on Essex Street which caused a great deal of anxiety with
residents of the Darbro Subdivision. On this parcel one could fit up to 30 units of
attached residential and access Broadway directly. Mr. Gould noted that Mr. Harold
Johnson of 55 Woodland Drive, who developed Hemlock Ridge, indicated that he was
okay with some commercial development on Broadway but there should be an outlet to
Burleigh Road so as not to create traffic congestion on Broadway. Mr. Johnson did not
want commercial zoning to abut his property.
Mr. Gould and the Board discussed the options for contract rezoning and other
options Mr. Leadbetter could pursue. Planning Officer Gould indicated there are options
that they could explore, but there would remain a basic land use conflict with the
Comprehensive Plan.
Chairman Theeman asked for a motion. Mr. Sturgeon moved to recommend to
the City Council that the zone change request for three parcels of land located at 1049
Broadway from Low Density Residential District to Shopping and Personal Service
District for 6.2 acres for Leadbetter Realty Trust. C.O. # 13-052 be approved. Mr.
Damon seconded the motion. The Planning Board voted none in favor and seven
opposed to recommending to the City Council that the zone change request contained
in C.O. # 13-052 be approved. Therefore, the motion failed.
APPROVAL OF MINUTES
Item No. 4: Planning Board Approval of Minutes.
Chairman Theeman indicated that the Minutes of the December 18, 2012
Meeting were in order. Mr. Bolin moved to approve the Minutes of the December 18,
2012 Meeting, as printed. The motion was seconded by Mr. Kenney and it passed
unanimously.
Planning Officer Gould indicated that the zone change would go before the City
Council on January 14, 2013.
There being no further items for discussion, the meeting was adjourned at 8:00
p.m.