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HomeMy WebLinkAbout2013-03-26 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MARCH 26, 2013 POSTPONED FROM MARCH 19, 2013 MINUTES Board Members Present: Andy Sturgeon, Chairman Paul Bolin Charles Boothby Doug Damon John Kenney Wayne Mallar, Alternate Member City Staff Present: David Gould Jeff Allen Lynn Johnson Chairman Sturgeon called the meeting to order at 7:00 p.m. In the absence of Board Members Miller and Williams, Alternate Member Mallar was asked to vote. CONSENT AGENDA Mr. Kenney indicated that he had a conflict of interest as his employer is the firm that prepared the plans for Item No. 1. It was moved, seconded and unanimously approved that Mr. Kenney has a conflict of interest. Mr. Bolin indicated that Acadia Hospital and Eastern Maine Medical Center, where he is employed are peer members of the Eastern Maine Healthcare System and asked the Board to determine whether or not he has a conflict of interest. After some discussion, the Board voted five in favor and none opposed to a motion that Mr. Bolin does not have a conflict of interest. Mr. Boothby moved approval of the Consent Agenda. The motion was seconded by Mr. Damon. The Board voted 5 to 0 in favor of the motion. The items approved are: 2 Item No. 1: Site Location of Development Modification approval of minor modifications to the existing site located at 268 Stillwater Avenue in a Government and Institutional Service District. Acadia Hospital, applicant. Item No. 2: Site Development Plan approval to construct a 446 sq. ft. addition at 570 Main Street in an Urban Service District. Timka, Inc., applicant. PUBLIC HEARINGS Item No. 3: Conditional Use/Site Development Plan approvals to construct an 8,040 sq. ft. building for retail auto service use located at 962V Stillwater Avenue in a Shopping and Personal Service District. Town Fair Tire, applicant. Chairman Sturgeon opened the Public Hearing and asked for a presentation. Mr. Joseph Marden with Site Lines, indicated that the applicant is requesting approvals to construct an 8,040 sq. ft. building on a site at Stillwater Avenue and Hogan Road. Mr. Marden discussed the Conditional Use standards of the district as well as the four standard conditions of the Land Development Code. He indicated that he felt that this proposal met all of those standards. He presented the Board with a rendering of the architectural style of the proposed building indicating that it is in keeping with the architectural style of other buildings in the area. Chairman Sturgeon asked for comments from proponents and opponents. There being none, he closed the Public Hearing and asked for Staff comments. Planning Officer Gould indicated that the applicant is requesting Conditional Use and Site Development Plan approvals to construct an 8,040 sq. ft. building for retail auto service use located at 962V Stillwater Avenue in a Shopping and Personal Service District. Staff indicated that the Conditional Use standards have been met in that the site would be developed without any variances, it would not create any unreasonable traffic congestion, and adequate utilities would be provided. The applicant provided a schematic of the proposed building in support of the standard that the building be compatible with other buildings within 500 feet of the site. Staff felt that this was a good use for this location and recommended approval. The City Council deeded ½ of the roadway (former Kittredge Road) to the applicant. The applicant has also applied for a stormwater permit because it is in a nonattainment watershed (Penjajawoc Stream). Mr. Kenney moved to grant approval of the Conditional Use/Site Development Plan to construct an 8,040 sq. ft. building for retail auto service use located at 962V Stillwater Avenue in a Shopping and Personal Service District. Town Fair Tire, 3 applicant. Mr. Bolin seconded the motion. The Board voted 6 to 0 in favor of the motion. Item No. 4: To amend the Land Development Code by changing a portion of a parcel of land located at 108 Odlin Road from Urban Residence One District to Neighborhood Service District. Said portion of a parcel containing approximately 16,987 sq. ft. Thirty Three Realty LLC, applicant. C.O. # 13-101. Chairman Sturgeon opened the Public Hearing and asked for a presentation by the applicant. Ms. Jane Skelton, Esq., the applicant, explained that she is requesting a zone change for a 16,987 sq. ft. parcel of land which she purchased from the abutting property owner (The Elks Club). She presently has her law office at 33 Mildred Avenue. When looking into the possibility of expanding her building, she discovered that she would not meet the required 20’ setback. In order to have enough land area she purchased the property under consideration for the zone change. She indicated that she felt that Neighborhood Service District zoning was compatible with the surrounding properties. Chairman Sturgeon asked for comments from proponents and opponents. No one spoke either in favor of or in opposition to the request. Chairman Sturgeon closed the Public Hearing and asked for comments. Planning Officer Gould explained that to provide a buffer between the Elks Lodge and the single-family dwellings which abut it, approximately 100 feet of land was zoned Residential 5. Subsequent to that, the property at 33 Mildred Avenue was rezoned to Commercial One District in 1981 (now Neighborhood Service District). Recently the applicant was exploring the potential of adding a second structure on the Mildred Avenue property and was surprised to find the adjacent residential zone in between two commercial uses. The juxtaposition between the two districts calls for additional setbacks and buffer yards which cause some limitation of development options. The proposed rezoning would provide a uniform zone and eliminate the “buffer zone” which is no longer needed. The Land Use and Zoning Policy in the Comprehensive Plan both represent the residential neighborhood adjacent to a commercial district off Odlin Road. Where the two properties are both commercially zoned, it is time to let the buffer zone expire and allow the applicant the additional space to develop what is allowed under the Neighborhood Service District. Mr. Bolin moved to recommend to the City Council that the zone change request at 108 Odlin Road from URD-1 to NSD as contained in C.O. # 13-101 be approved. Mr. Boothby seconded the motion, which passed by a vote of 6 to 0. 4 Item No. 5: To amend the Land Development Code by changing two parcels of land located at 900 and 954 Broadway from Contract Government and Institutional Service District to Contract Government and Institutional Service District to amend the contract conditions. Said parcels containing approximately 20.3 acres. St. Joseph Healthcare and M & J Company, applicants. C.O. # 13-102. Chairman Sturgeon indicated that he had a conflict of interest as he is a principal of the firm that is representing the applicant. Mr. Bolin moved that Mr. Sturgeon had a conflict of interest. Mr. Boothby seconded the motion. The Board voted 5 to 0 in favor of the motion. Chairman Sturgeon turned the meeting over to Vice Chairman Damon who opened the Public Hearing and asked for a presentation. Mr. Aaron Shaw, of the James Sewall Company, representing the applicant, explained that the applicants, St. Joseph Healthcare and M&J Company, are requesting a zone change from a Government and Institutional Service District to Government and Institutional Service District with revised contract conditions. The property consists of two parcels previously zoned Contract Government and Institutional Service District. Unfortunately, the parcels were rezoned at different times and have somewhat differing contract conditions which would make development straddling both parcels overly complicated. In talking with the Planning Staff they recommended, and the applicants agreed, that one unified set of zoning conditions would clarify any concerns about the two parcels’ use and development standards. Mr. Shaw indicated that it is the applicants’ plan to construct another office building on the site. As no one spoke either in favor of or in opposition to the zone change request, Vice Chairman Damon closed the Public Hearing and asked for Staff comments. Planning Officer Gould indicated that this is a request to rezone two parcels of land from one contract zone change to another to amend the contract zone change conditions in order for them to be consistent for both parcels of land. Mr. Gould indicated that the applicants are considering additional office buildings that would span between both properties. After review of several conceptual plans it was recommended that a uniform set of development standards apply to all 20 acres. The contract conditions would replace both of those previously approved. Mr. Gould indicated that the proposed conditions include a fairly low Impervious Surface Ratio (ISR) for commercial development as the District does not have an ISR limitation, and includes a height limitation of 35 feet. The proposed single access limitation deals with access management, and the setback and buffer yard standards are carried forward from the original concept to soften the hard edge on Broadway. The Land Use and Zoning Policy in the Comprehensive Plan both represent this as an institutional setting with Husson University and Bangor High School facilities nearby. Planning Officer Gould indicated that the Planning Staff found the revised contract conditions maintain the intent of the 5 two original contracts and should continue a sound development policy on this stretch of Broadway. Staff recommended that the Board make a positive recommendation to the City Council on C.O. #13-102. Alternate Member Mallar was concerned about the condition relative to cutting down 50 feet of existing vegetation and/or the provision of a 25’ buffer. Mr. Shaw indicated that the applicants would like to have that option. The driveway will need to be closed off and new plantings will be installed. Mr. Kenney indicated that he would not have a problem with this because he felt that the 50 feet of existing vegetation would have no bearing as the ordinance only requires 25 feet. Mr. Mallar questioned this especially at the back end of the lot only requiring a 25’ buffer. Planning Officer Gould indicated that they would still have to have a setback of 50 feet. Mr. Gould noted it was the intent that where existing vegetation was present within the 50 foot setback it would be maintained and that if there was no existing vegetation that a B buffer would be provided. The fifty foot area cannot be occupied by parking or buildings. Mr. Kenney moved to recommend to the City Council that the Contract Zone Change request contained in C.O. # 13-102 be approved. Mr. Boothby seconded the motion, which carried by a vote of 5 to 0. Planning Officer Gould indicated that Items 6, 7, and 8 have not been referred to the Board by the City Council, but because they were advertised as public hearings, they were placed on this agenda. Mr. Gould indicated that Staff recommended that the Board open the public hearings and continue them to a meeting after they have been referred by the City Council to preserve the advertising costs. Chairman Sturgeon opened all three Public Hearings. Mr. Damon moved to continue all three public hearings until such time as they are referred to the Planning Board by the City Council. Mr. Bolin seconded the motion. The Board voted unanimously in favor of the motion. The three Public Hearings that were continued are as follows: Item No. 6: Amending the Land Development Code – Chapter 165-92 – Urban Service District and Chapter 165-97 Government and Institutional Service District to add emergency shelters as a permitted use. City of Bangor, applicant. C.O. # 13-104. Item No. 7: Amending the Land Development Code – Chapter 165-13 – Definitions – to add definitions for Transitional Housing and Emergency Shelters. City of Bangor, applicant. C.O. # 13-105. 6 Item No. 8: Amending the Land Development Chapter 165-97 – Government and Institutional Service District to add transitional housing as a conditional use. City of Bangor, applicant. C.O. # 13-106. NEW BUSINESS Item No. 9: Site Development Plan and Site Location of Development approvals to construct a compressed natural gas facility along with accessory structures and other site amenities located on the corner of Godfrey Boulevard and Maine Avenue in an Industry and Service District and a Government and Institutional Service District. Global Montello Group Corp., applicant. Patrick Coughlin, with St. Germain & Associates, represented the applicant, Global Montello Group Corp. Mr. Coughlin explained that this proposal is for a new compressed natural gas facility that would provide service to customers within a 100- mile radius. The applicant is also seeking SLODA Modification approval. Mr. Coughlin explained the site development plan. He indicated that trucks would come to the site to fill up compressed natural gas. Each truck would take about one hour to fill and the facility would be open 24 hours a day. He discussed the Site Location of Development Modification application noting that they were seeking approval of the area considered under the Site Development Plan as well as an access road. Mr. Damon expressed his concern that this type of development was going to occur on one the most highly visible lots at the entrance to the City’s Airport. He also expressed his concern as to buffering this site from the view of those driving into the Airport. Mr. Coughlin indicated that they worked with City Staff for a way to show off this new technology while at the same time trying to hide it. He said that this is one of the more challenging sites they have worked with due to the underground utilities, existing fuel lines, and the type of soils. Mr. Boothby asked if there would be any full time employee(s) on the site. Mr. Coughlin indicated that the system will be fully automated. The site will be equipped with an alarm system and monitored. They will be a customer of Bangor Gas Company which is located nearby. Alternate Member Mallar asked if there would be water, sewer, or restroom facilities on site. Mr. Coughlin indicated that there would be no water, sewer or restroom facilities. 7 Mr. Kenney asked about the proposed stormwater treatment. Mr. Coughlin discussed the proposed stormwater system on the site and noted that this development would be a decrease in impervious area. Mr. Damon asked if the site was tamper proof. Mr. Coughlin indicated that the site will be enclosed by an electric fence and will be monitored by video cameras. Trailers take about an hour to fill and this will be a 24 hour a day operation. The applicant has had a great deal of experience with these types of facilities. The site will be monitored from Chelsea, Massachusetts. If there is an emergency, the Fire Department will be notified. Mr. Bolin asked if individuals would be allowed to use the facility. Mr. Coughlin indicated that it will only be available for commercial deliveries at this time. Board Members had questions as to whether or not there would be noise, odors and any conflicts with the Airport. Planning Officer Gould indicated that this is an application for Site Development Plan and Site Location of Development Act Modification approvals to construct a compressed natural gas facility for fueling of fleet vehicles on a parcel of land owned by the City and within Bangor International Airport (BIA). The proposed location is a part of the City’s Airport property along Godfrey Boulevard, the primary entrance to Bangor International Airport. Improvements to the Airport’s stormwater system were done at this location in 2009. The City is leasing a 5-acre site to Energy West Resources Group who in turn is subleasing to Global Montello Group. The site is primarily zoned Industry and Service District with a small portion zoned as Government and Institutional Service District (remnant of the former public works facility). The basic operation of the facility takes natural gas from Bangor Gas’s line, compresses it, and loads it onto trucks with storage containers for transport to users that do not have access to natural gas lines. There are multiple devices on the site that are involved in the compressing, storing and filling the transport vehicles. The system is automated to the extent that it operates without specific on-site personnel. The entire facility will be enclosed by security fencing and access will be controlled by automated gates. All the proposed site lighting is being designed to comply with the City height and cutoff fixture standards. The designers have agreed to provide a full “B” buffer along Godfrey Boulevard and Maine Avenue to soften the visual impacts of the trucking facility. Planning Officer Gould indicated that the applicant is also requesting modification to the BIA Site Location of Development Permit. The site contains remnants of the former runway and taxiways of DOW AFB (existing impervious) and the site of the 2009 treatment systems constructed with “Stimulus Money.” Overall, the project will reduce impervious cover around 30,000 square feet. An additional underdrained soil filter will treat most of the new impervious to be added. Staff noted that the plan proposes a “future development” element that the applicant is seeking SLODA approval for but not 8 Site Development Plan approval. All the other details of the application are in order and Staff recommended approval of both applications with the noted elements. Mr. Bolin moved to approve the Site Development Plan for Global Montello Group to construct a compressed natural gas facility along with accessory structures and other site amenities located on the corner of Godfrey Boulevard and Maine Avenue in an Industry and Service District and a Government and Institutional Service District. Mr. Boothby seconded the motion. The motion carried 6 to 0. Mr. Bolin moved that the Board grant Site Location of Development Act approval. Mr. Kenney seconded the motion. The motion passed by a vote of 6 to 0. APPROVAL OF MINUTES Item No. 10: Planning Board Approval of Minutes. Mr. Boothby moved to approve the Minutes of the February 5, 2013 and March 5, 2013 Planning Board Meetings, as printed. Mr. Bolin seconded the motion, which carried unanimously. Other Business Mr. Gould discussed the potential meetings dates should the need arise for a special meeting. There being no further items for discussion, the meeting was adjourned at 8:32 p.m.