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HomeMy WebLinkAbout2014-04-01 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF APRIL 1, 2014 MINUTES Board Members Present: Andy Sturgeon, Chairman Paul Bolin Charles Boothby John Kenney Wayne Mallar Dora McCarthy, Alternate Member John Miller City Staff Present: David Gould Paul Nicklas Chairman Sturgeon called the meeting to order at 7:00 p.m. In the absence of Board Member Williams, Alternate Member McCarthy was asked to vote. CONSENT AGENDA Member Mallar asked that Item No. 2 be removed from the Consent Agenda for discussion. As no one wished to remove Item No. 1 from the Consent Agenda, Chairman Sturgeon asked for a vote on Item No. 1 on the Consent Agenda. Item No. 1: Site Development Plan approval to construct a 600 sq. ft. building addition and gravel storage areas at 154 Hildreth Street North in an Urban Industry District. Hardy Associates, Inc., applicant. Mr. Kenney moved to approve Item No. 1 on the Consent Agenda. Mr. Boothby seconded the motion which carried by a vote of 7 to 0. 2 Item No. 2: Site Development Plan approval to construct four, self- storage buildings containing approximately 9,600 sq. ft. located at 230 Bomarc Road in an Urban Industry District. Bomarc Commercial Properties, LLC, applicant. Chairman Sturgeon opened the discussion up to the audience. Mr. Maurice Landry, a resident at 23 C Street, asked what future plans the developer may have beyond this plan and if this was the same owner as that of another storage facility further down Bomarc Road. Chairman Sturgeon indicated that the Board was only reviewing the plan before them which did not include any future plans and the storage facility further down Bomarc Road was under different ownership, but could have many of the same shareholders. As there were no further questions, Chairman Sturgeon asked for a motion. Mr. Bolin moved to approve the Site Development Plan to construct four, self-storage buildings containing approximately 9,600 sq. ft. located at 230 Bomarc Road in an Urban Industry District for Bomarc Commercial Properties, applicant. Mr. Miller seconded the motion. The Board voted 7 to 0 in favor of the motion. PUBLIC HEARINGS Item No. 3: Conditional Use, Site Development Plan, and Site Location of Development Modification approvals to add a drive-thru and canopy for a pharmacy use (drive-in business) located at the Crossroads Plaza on Stillwater Avenue in a Shopping and Personal Service District. CMI, Inc. and Brohill, LLC, applicants. Chairman Sturgeon indicated that because he is employed by the engineering firm that is doing traffic engineering for the applicant he has a conflict of interest. Mr. Bolin moved that Chairman Sturgeon has a conflict of interest. The motion was seconded and it passed by a vote of 6 to 0. Chairman Sturgeon excused himself and asked Vice Chairman Bolin to preside. Vice Chairman Bolin opened the Public Hearing. Planning Officer Gould indicated that he had met that afternoon with the applicant’s representative who indicated that they were still working out the details of stormwater. They indicated that they would like the Board to continue this item until its meeting on April 15, 2014. Mr. Kenney moved to continue the Public Hearing until the Board’s April 15, 2014 meeting. Mr. Miller seconded the motion. The motion passed by a vote of 6 to 0. 3 Item No. 4: Amending the Land Development Code, Chapter 165, Section 165-32 Quarries, mining and excavations to eliminate nonconforming quarries from residential areas. City of Bangor, applicant. C.O. # 14-119. Chairman Sturgeon opened the Public Hearing and asked for Staff comments. Assist. City Solicitor Paul Nicklas indicated that this amendment to the Land Development Code is to prohibit the continued operation of nonconforming quarries in Rural Residence and Agricultural (RR & A) Districts. Mr. Nicklas indicated that this is part of the City’s push to move quarries from RR & A Districts to Industrial Districts. Presently, the City has been in negotiations with the operator of the Queen City quarry to relocate this operation from Union Street to an industrial site located off of Hammond Street. (There is one quarry currently operating (the Sprague quarry) and another one (the Queen City quarry) that is currently permitted. Both are located in RR & A Districts.) Mr. Randy Gardner is operator of both quarries. Mr. Nicklas explained that this amendment is to require that any certificate of occupancy or permit granted for a quarry, sandpit, or removal of sand, rock or gravel in the RR & A District expire on December 31, 2014. Mr. Gardner has indicated that he may not be able to finish his presently operating quarry (the Sprague quarry on Union Street) by the end of this year and said that a deadline of June 30, 2015 would allow him to do so. Mr. Nicklas indicated that the Board can either pass this ordinance requiring that the quarry operation expire on December 31, 2014, or if Mr. Gardner has not finished his quarry by the end of this year, Staff could bring back another amendment that extends that date to give Mr. Gardner another six months to finish. Chairman Sturgeon indicated that the Planning Board can only act on what has been referred to them. Mr. Nicklas noted that if the Board had concerns with this ordinance, they could voice their opinions on the proposed amendment which would give Staff guidance for another amendment. Mr. Randy Gardner, operator of the two quarries that would be affected (the Sprague quarry and Queen City quarry) indicated that they have been negotiating with the City and have agreed to turn in the permit to operate the Queen City quarry in favor of another site in an industrial zone. Mr. Gardner indicated that this was a good solution for the neighbors who are not in favor of the quarry operation, the City, and also good for them. As part of those negotiations, he has been pushing the Staff to move quickly. Mr. Gardner indicated that depending on the market situation this year, they may not be able to complete its obligation to the Sprague Quarry owner by the December 31, 2014 deadline. He noted that they are heavily invested in their infrastructure for this site and it was only fair as they are being negotiated out of this neighborhood. 4 Mr. Boothby asked about the alternate site. Mr. Gardner indicated that they have a signed Purchase and Sales Agreement, the investigations are complete and they propose to bring plans before the Planning Board the first of May, 2014 for review. As soon as they have all of their permits, they plan to develop that site. Mr. Bolin commended Mr. Gardner as he felt they have been very accommodating with the neighbors. He asked if Mr. Gardner was in support of this amendment. Mr. Gardner indicated that he was not in support of this amendment, as written. If it were amended to include a six month extension, he would support it. Mr. Kenney expressed his appreciation to Mr. Gardner for his work with the City, meeting participation, and working with the neighbors to come to a good solution. Mr. Kenney indicated that he was against the idea of providing approvals for a project and then taking them away. Chairman Sturgeon closed the Public Hearing and asked for Staff comments. Planning Officer Gould gave a brief history of the quarries on Union Street noting that the neighbors spoke against the project at meetings. He indicated that typically the Land Development Code does not have language as proposed in this amendment. When there is a change and a use is grandfathered, it is grandfathered. This is a unique circumstance. The Land Development Code specified that the existing approved quarries were approved for five years. What the proposed amendment does is shorten that period. Mr. Bolin, while commending Mr. Gardner, said that he felt that it was not a good precedent for the City and the Planning Board to renege on prior approvals because developers rely on these approvals. He indicated that he was not in support of this amendment. He felt that the entire five year approval should stand. Mr. Boothby agreed. Mr. Gardner felt that Mr. Bolin’s point is valid. He said that businesses like his make a big investment and need to be able to count on regulatory fairness. He did indicate that he was willing to negotiate with the City for a great way to resolve this issue. Chairman Sturgeon asked for a motion. Mr. Kenney moved to recommend to the City Council approval of the Land Development Code amendment – Chapter 165-32 - Quarries, mining and excavations to eliminate nonconforming quarries from residential areas, as contained in 14-119. Mr. Boothby seconded the motion. The Board voted 0 in favor and 7 opposed to the motion. (Therefore, the motion failed.) 5 Item No. 5: Amending the Land Development Code, Chapter 165, Section 165-95 Airport Development District to add public or nonprofit schools as a permitted use. City of Bangor, applicant. C.O. # 14-120. Chairman Sturgeon opened the Public Hearing and asked for Staff comment. Planning Officer David Gould reviewed the history of the Airport Development District and the reason for the proposed additional public school use. The District is primarily intended for aviation uses and facilities that are related to the operation of the airport. In addition, areas referred to as "peripheral lands" contain buildings and uses that find economic value in being located near the Airport. As such, the City owns numerous properties and buildings which it looks to lease or sell for private development. The Bangor School Department approached the City about an existing building for their use. The building is not currently occupied and the district would need to be amended to allow for such a use. There were no other proponents or opponents. Chairman Sturgeon closed the Public Hearing and asked for discussion. The Board discussed the pros and cons of having educational facilities in close proximity to the Airport and the potential for other adverse impacts. Board Members noted that there were other educational facilities in close proximity to Maine Avenue such as the Challenger Learning Center and Parkside Learning Center. Planning Officer Gould noted that the school department had approached the City with a desire to look into the use of the airport property for educational uses. Mr. Miller moved to recommend to the City Council approval of the Land Development Code amendment - Chapter 165-95, as contained in Council Ordinance #14-120. Mr. Bolin seconded the motion. The Board voted 7 to 0 in favor of the motion. APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes. Chairman Sturgeon indicated that the Minutes of the March 18, 2014 meeting were in order. Mr. Boothby moved to approve the Minutes of the March 18, 2014 meeting. Mr. Kenney seconded the motion, which passed by a vote of 7 to 0. There being no further items for discussion the meeting was adjourned at 7:45 p.m.