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HomeMy WebLinkAbout2013-05-07 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MAY 7, 2013 MINUTES Board Members Present: Andy Sturgeon, Chairman Paul Bolin Charles Boothby Doug Damon John Kenney Wayne Mallar, Alternate Member John Miller Julie Williams City Staff Present: David Gould Peter Witham Chairman Sturgeon called the meeting to order at 7:00 p.m. CONSENT AGENDA Item No. 1: Site Location of Development Permit Transfer approval to Global CNG LLC. Global Montello Group Corp., applicant. Mr. Damon asked about the relationship between Global CNG, LLC and Global Montello Group Corp. and if the Global CNG LLC proposed to operate the facility the same as that proposed by Global Montello Group Corp. Patrick Coughlin with St. Germain Collins representing the applicant explained that the parent company to Global Montello Group is Global Partners, LP. They are simply creating a new entity underneath their company called Global CNG which will be the same entity with all of the same resources. Mr. Bolin moved to approve the Consent Agenda. Mr. Miller seconded the motion. The Board voted 7 to 0 in favor. 2 PUBLIC HEARINGS Item No. 2: 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. Chairman Sturgeon indicated that Items No. 2, 3, and 4 were very similar and it was the consensus of the Board to discuss them at the same time but vote on them separately. Planning Officer David Gould reviewed C.O. # 13-104 which is an amendment to the Urban Service District and Government and Institutional Service District (G & ISD) to provide for emergency shelters as a permitted use in those two districts. Previously, shelters were allowed as a community service organization as defined in Urban Service District and under the general category in G&ISD as "facilities operated by public agencies or private nonprofit organizations..." C.O. # 13-105 is an Amendment to Chapter 165-13 which provides two new definitions for the Land Development Code. One is for transitional housing and the second one for emergency shelters. The third amendment as contained in C.O. # 13-106 is an amendment to the Government and Institutional Service District that would add transitional housing as a conditional use within the G & ISD. Planning Officer Gould noted that approximately a year ago this issue was before the Board regarding an expansion or changes at Hope House relative to transitional housing and shelter use. Hope House has been there for a number of years but the uses aren’t defined with the Land Development Code. In the Government and Institutional Service District (G & ISD) the district is largely driven by the nature of the entity. If you are a nonprofit government agency then most of the things that you do are allowed in the district without the district defining, specially, what those uses are. There are a broad range of uses from the Eastern Maine Medical Center campus, Husson University and their sports stadium, or a small pump station off of Odlin Road that all come under that category of G & ISD. There have been concerns about the growth and expansion of Hope House. One way that the City was able to get a handle of that was to very specifically define those particular uses to limit their ability to expand beyond that. This situation is somewhat complicated in that the Hope House leases property that the City owns. The lease contains a lot of terms about that arrangement. Mr. Gould indicated that the proposed shelter definition has a limitation of 70 people within the shelter. In some ways it is very good to define the term so we can deal with them specifically. The concept is that a person can live in transitional housing up to two years and then they are supposed to move on somewhere else. The intent is that it is not an overnight shelter. Relative to the Government and Institutional Service District, Staff took the same position last time this was before the Board in that they seem to be uses that fit within the district. This approach defines uses rather than keeping them broad. There are people who have concerns about the Hope House and its expansion. This was one way for the City to 3 address this. A question was raised if there was another ice storm and the need arose to house people on an emergency basis if this would be allowed. Under an emergency situation most anything would be allowed. This amendment is about a homeless shelter. The two Districts where homeless shelters would be allowed are in an Urban Service District (where the Bangor Area Homeless Shelter is on Main Street) and a Government and Institutional Service District (which is the district where Hope House is). Ms. Williams asked if the level of transitional housing and emergency shelter standards were the same in both districts. Mr. Gould indicated that they were. Mr. Boothby asked if the amendment would authorize what is already at Hope House or authorize their expansion. Planning Officer Gould explained that the Board has approved the site plans for what Hope House has now and their use would fit the proposed definition. Mr. Damon was concerned that if approved, shelters would be allowed in any Government and Institutional Service District or Urban Service District. Planning Officer Gould noted that the Board didn’t support the prior amendment to the G & ISD. This amendment is similar to that prior amendment. Chairman Sturgeon asked if there had been a lot of community comment on this as it has been advertised. Planning Officer Gould indicated that there has been quite a bit of discussion before Council Committees. Chairman Sturgeon opened the Public Hearings for all of the amendments and asked for public comment. Lori Dwyer, Esq., General Counsel representing Penobscot Community Health Care, reviewed discussions with the City Council regarding Hope House and noted that the City's lease did have other conditions that were not within the Land Development Code revisions. Mr. Damon questioned why the amendment was back before the Board when the Board voted down what he felt was the very same thing a year ago. He was concerned about shelters in this district because he has had experiences where business and industry can’t operate because there is housing in the G & ISD where noise is a problem for them. He was also concerned that if this amendment were to pass it would make the G & ISD something else. He wondered if changing these definitions then changes the whole G & ISD so it becomes something else. Lori Dwyer explained that this had been part of a larger discussion with the City Council and lots of changes have been made that the Board may or not be aware of to the Hope House renovation that is going to take place. As part of that it was pointed out by the Legal Staff that Hope House already has approval in this district. It was the feeling of the City Council that it wanted to be able to control future development and limit the type of development. She indicated that they have agreed to cap the number of folks in the shelter to 66 so in essence there is no expansion of capacity in the new proposal. She indicated that they are shifting the number of people that were in the emergency shelter over to more 4 stable, permanent transitional housing units. There will be an increase in transitional housing units and a decrease in the shelter beds so that overall numbers will stay the same. Mr. Bolin questioned why the need for the change at all if everything is staying the same and if it would prohibit them from expanding in the future why would they be in favor of it. Planning Officer Gould indicated that the Hope House property is owned by the City of Bangor and leased to Hope House which affords the City the ability to have regulations and stipulations on the property outside of the Land Development Code. The amendments before the Board strictly deal with the Land Development Code. Mr. Gould told the Board that it needs to be aware that the amendment not only deals with Hope House but with every other Government and Institutional Service District in the City. Chairman Sturgeon pointed out that presently there is no limit on the number of beds in an overnight shelter. Mr. Kenney question the limit of 70 beds to just overnight shelters when there’s no limit on transitional housing and at one facility you can have a mixture of both so. He felt that it seemed odd to have a limit because it’s the same room size but one can stay longer at one than the other. Mr. Bolin indicated that while he does not have an issue with Hope House he is concerned that this is going to change other areas in the City that are not owned and leased by the City. Mr. Damon asked if there is a prohibition regarding housing in the G & ISD and if the amendment would remove any prohibition to allow housing. Mr. Gould indicated that the amendment is only relative to transitional housing which is not like traditional rental market housing. It’s a very structured entity that has other programs that go with it, a time duration and is a transition from homelessness to non-homelessness. Board discussed the various types of housing options in the Government and Institutional Service District such as the dormitories at Husson University, beds in nursing homes, beds in a hospital, etc. Ms. Williams asked why transitional housing was proposed as a conditional use. Planning Officer Gould didn’t know the rationale for this but offered that one advantage would be an additional level of notification and the opportunity for people to come and speak at a public hearing. No one spoke in opposition. Chairman Sturgeon closed the Public Hearings. Mr. Bolin moved that the Board recommend approval to the City Council of the amendment to 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 and contained in C.O. # 13-104. Mr. Boothby seconded the motion. The Board voted 3 in favor and 4 opposed. 5 Item No. 3: 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. (The Public Hearing was opened and discussed under Item No. 2.) Chairman Sturgeon closed the Public Hearing and asked for a motion. Mr. Kenney moved to recommend approval to the City Council of the proposed text in the zoning amendment as contained in C.O. # 13-105. The motion was seconded by Mr. Miller. The Board voted 6 in favor and 1 opposed. Item No. 4: Amending the Land Development Code Chapter 165-97 – Government and Institutional Service District to add transitional housing as a conditional use. City of Bangor, applicant. C.O. # 13-106. (The Public Hearing was opened and discussed under Item No. 2.) Chairman Sturgeon asked for a motion. Mr. Bolin moved to recommend approval to the City Council of the zoning amendment to Chapter 165-97 – Government and Institutional Service District as contained in C.O. # 13- 106. Mr. Miller seconded the motion. The Board voted 4 in favor and 3 opposed. Item No. 5: Amending the Land Development Code – Section 165-135 – Schedule B – General Commercial and Service District – Buffer Yard Type. City of Bangor, applicant. C.O. # 13-140. Chairman Sturgeon opened the Public Hearing. Planning Officer David Gould reviewed the history of buffer yards in the Land Development Code starting with the 1991 version. Mr. Gould indicated that buffer yards were intended as minimal landscaping standards for development in the developing portions of the City. The Districts would include LDR, HDR, S&PS, GC&S and I&S. The same range of buffers was used for parking lots and transition areas between residential and commercial districts. Around 2005 there was concern that the buffers for parking areas were insufficient and the plant numbers were dramatically increased. After a short while Staff revised the buffer requirements and proposed to eliminate buffer yard plantings for permitted uses within the Developing Areas Districts. That process started with Shopping and Personal Service (S&PS) Districts and Industry & Service (I&S) Districts. It was noted that the General Commercial and Service District (GC&S) still had buffer yard requirements for permitted uses, even those that were duplicated from the S&PS District. The proposed amendment would eliminate buffer yard requirements for permitted uses in GC&S for those uses identified in 165-101 C (permitted uses in S&PS). The standards for parking lots, outdoor storage, and transition yards would not change. 6 There were no proponents or opponents speaking to the above zoning amendment. Chairman Sturgeon closed the Public Hearing and asked for a motion. Mr. Damon moved that the Board recommend approval to the City of Bangor of the amendment to the Land Development Code - Chapter 165-135 Schedule B Buffer Yard Type, as contained in Council Ordinance 13-140. Mr. Bolin seconded the motion. The motion passed by a vote of 7 to 0. NEW BUSINESS Item No. 6: Site Development Plan approval to amend the previously approved Site Development Plan at 878 Stillwater Avenue in a Shopping and Personal Service District to enlarge three of the four approved buildings. ALSID, LLC, applicant. Fred Marshall with Plymouth Engineering represented the applicant. The amended plan is to change a previously approved retail building (Building A) from 5,000 sq. ft. to 7,150 sq. ft. The square footage of the other approved buildings is not being changed. Three buildings on the site are built, the majority of the parking lot is built, and all of the infrastructure is in place. Mr. Mallar was concerned that the plans only show one handicap space in front of the building. Mr. Marshall indicated that the proposed handicap spaces on the site plan are in accordance with all Ordinance requirements. Planning Officer Gould indicated that this has been before the Board for numerous revisions. As a typical multi-building site development, every time they sign a new leasehold the plan changes. Now, Building A went from 5,000 sq. ft. to 7,150 sq. ft. Some Board Members may recall that when this was originally before the Board it was at the time of the construction of the Super Wal-Mart. With the increase of this building it was necessary for the applicant to go back to MDOT to review the impact from the additional floor area to make sure that the prior Traffic Movement Permit would still work. The analysis came back as 99 trips different than the original Permit approval and this would not necessitate their doing any additional off-site improvements. In response to Mr. Mallar’s concern about handicap spaces, Mr. Gould indicated that the number of spaces is determined by the uses on the site. The spaces are not necessarily allocated in front of the buildings but are located on the site. All of the other details of the plan are as they have been and Staff recommended approval. Ms. Williams moved to grant Site Development Plan approval to amend the previously approved Site Development Plan at 878 Stillwater Avenue in a Shopping and Personal Service District to enlarge one of the four approved buildings for ALSID, LLC, applicant. Mr. Boothby seconded the motion which passed unanimously. 7 Item No. 7: Site Development Plan approval to construct a 7,500 square-foot addition for medical office use at 78 Ridgewood Drive in a General Commercial and Service District. Downeast Orthopedics, LLC, applicant. Rob Ervin, Ervin Architecture, represented the applicant who is requesting approval to construct a 7,500 sq. ft. addition at 78 Ridgewood Drive. He explained the aspects of the site development. Planning Officer Gould explained that this is an expansion of an existing medical office building in a General Commercial and Service District in the Oak Ridge Business Park and all the details of the plan meet ordinance requirements of the district and for submittal. The default buffer yards are in place. In reviewing this project Staff also reviewed the Oak Ridge Subdivision development. The original developer paid $34,000 in impact fees but only a fraction of the lots had been developed. That amount was for all of the impact fees for a certain amount of the subdivision. The applicant provided a traffic analysis based upon a hypothetical model of the usage within the park that designated a certain amount of retail, general office and medical office uses. Shortly after this plan was filed, staff discovered that the development has far exceeded its allotment of medical office space within the subdivision. Staff has talked with the original subdivider and his attorney to determine how to fix this. Staff has suggested the details of this plan are in order, but would suggested that there be a reassignment of the floor area (46,000 sq. ft. was allowed for retail space that has not been developed) for more medical office space. By doing so, the end result is that the trips out of the subdivision would not be any more or less than was originally approved and would allow them to continue to develop medical office space. Staff is comfortable approving this as long as there is a condition that the details of that subdivision get amended. Planning Officer Gould also noted that the subdivision plat itself seems to be devoid of any public notice or warning that in addition to Bangor’s zoning rules and regulations, there are a host of other limitations that apply to these lots that the average buyer may not know such as limitation of certain uses, and pre-review and approval of any building design in advance. Mr. Kenney moved that the Board grant Site Development Plan approval to construct a 7,500 sq. ft. addition for medical office use at 78 Ridgewood Drive in a General Commercial and Service District for Downeast Orthopedics, LLC with the condition that the Building Permit not be issued until the land use limitations of the subdivision approval are adjusted and complied with. Mr. Bolin seconded the motion. The Board voted 7 to 0 in favor. APPROVAL OF MINUTES Item No. 8: Planning Board Approval of Minutes. Chairman Sturgeon indicated that the Minutes of the April 2, 2013 and March 26, 2013 Meetings were in order. Mr. Bolin moved to approve the Minutes of the April 2, 2013 and March 26, 2013 Meetings. The motion was seconded by Ms. Williams. The Board voted 7 to 0 in favor. 8 Other Business Planning Officer Gould updated the Board noting that the Wendy’s development is st anticipated to come back before the Board at its meeting on May 21. Presently there is a moratorium on new quarries and City Staff has been looking at requirements and locations within the city. There being no further items for discussion, the meeting was adjourned at 8:20 p.m.