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HomeMy WebLinkAbout2017-06-20 Planning Board MinutesiRAF PLANNING BOARD OF THE CITY OF BANGOR Board Members Present: City Staff Present: CONSENT AGENDA MEETING OF JUNE 20, 2017 MINUTES John Kenney, Chairman Pete Pariixo Charles Boothby Nelson Durgin Phyllis Guerette Steve Hicks Chuck LeBlanc, Alternate Member David G. Gould ,John Theriault Paul Nicklas Sean Gambrel 1. SITE LOCATION OF DEVELOPMENT ACT MODIFICATION AND SITE PLAN APPROVAL - 649 HOGAN ROAD — BANGOR REALTY, LLC, APPLICANT Chair Kenney reviewed the Consent Agenda and asked if any Board Members had any concerns. Hearing none he asked for a motion. Member Boothby moved to approve the Consent Agenda. Member Durgin seconded the motion and the Board voted unanimously to approve the Consent Agenda. PUBLIC HEARINGS 2. ZONE CHANGE - AT OR ABOUT 575 OHIO STREET - SAINT PAUL THE APOSTLE PARISH, APPLICANT. C.O. #17-202. To amend the Land Development Code by changing a parcel of land located at or about 575 Ohio Street from Government and Institutional Service District (G&ISD) to Low Density Residential District (LDR). Said parcel containing approx. 1 acre. 2 Chairman Kenney asked the applicant or their representative to make a brief presentation of the request. John Frawley from the Mount Pleasant Cemetery board presented the proposal. The area requested for rezoning is between two house lots and because of this, and because of setbacks from these properties and the road, this area is not optimal for gravesites. The applicant would like to utilize this area for the construction of Habitat for Humanity housing. Considering existing trends, the cemetery currently has land to support continued operations for over a century. Chairman Kenney asked if the area proposed to be zoned LDR is adjacent to LDR. Mr. Frawley answered that it was. Member Boothby verified that the cemetery had sufficient capacity to continue operations for the foreseeable future. Mr Frawley answered that the cemetery had recently looked into this question and they believe they have capacity for several hundred years based on existing trends. Chairman Kinney asked for public comments. No member of the public spoke in favor or in opposition to the proposal. Planning Officer Gould noted that this was a fairly straightforward application, and similar to another recent rezoning on the property — which rezoning left this piece isolated from the rest of the cemetery. Two new house lots would be possible with this rezoning. Mr. Gould stated that The Planning office had no concerns and recommended the Planning Board make a positive recommendation to the City Council. Member Durgin made a motion to recommend the City Council adopt C.O. # 17- 202, amending the zoning of this parcel from Government and Institutional Service District to a Low -Density Residential District, Member Boothby seconded the motion. The Board voted unanimously in favor of the request, recommending the City Council pass C.O. #17-202. 3. ZONE CHANGE - 127 HAMMOND STREET -- PENOBSCOT COUNTY, APPLICANT C.O. #17-201 To amend the Land Development Code by changing a parcel of land located at 127 Hammond Street from Downtown Development District, contract (DDD) to Government and Institutional Service District (G&ISD). Said parcel approx. 1.71 acres. 3 Chairman Kenney asked the applicant or their representative to make a brief presentation of the request. Ed Bearor and Judy Alexander spoke, representing Penobscot County. This is the former Bangor YMCA Building which the County recently acquired. The county is unsure of the building's exact use but are currently over capacity at their current courthouse / jail facility across Court Street. They are currently studying what uses are possible for this building. This building was zoned G&ISD for many years while it was operated by the Bangor YMCA, up until recently when it was rezoned to DDD by a developer hoping to re -used the space. The County would like to revert this to G&ISD zoning. Board Member Durgin asked about costs associated with reconfiguring the facility and how these costs would impact Bangor taxpayers. Mr. Bearor responded that this facility will likely be used in association with the County Jail facility and that reusing a space such as this would be significantly less costly than constructing an entirely new jail facility elsewhere. Chairman Kinney asked for public comments. No member of the public spoke in favor or in opposition to the proposal. Planning Officer Gould noted that this was another straightforward proposal, and essentially reverses a recent re -zoning of the property back to G&ISD, which it was for many, many years. The conditions of the current contract zone include that there is no change in parking and that the building cannot increase in size by more than 10%. This request brings this parcel back in compliance with the comprehensive plan. The Planning office had no concerns and recommended the Planning Board make a positive recommendation to the City Council. Chairman Kinney clarified that this rezoning makes any use by the county acceptable as it is a governmental use. Member Durgin made a motion to recommend the City Council adopt C.O. # 17- 201, amending the zoning of this parcel from Contract Downtown Development District to Government and Institutional Service District. Member LeBlanc seconded the motion. The Board voted unanimously in favor of the request, recommending the City Council pass C.O. #17-201, 4. CONTRACT ZONE CHANGE - 220 UNION STREET -- STILLWATER REALTY, APPLICANT C.O. #1.7-204 11 To amend the Land Development Code by changing a parcel of land located at 220 Union Street from contract Urban Service District to contract Urban Service District (a change in the conditions). Said parcel approx. 19,706 sq. ft. Chairman Kenney asked the applicant or their representative to make a brief presentation of the request. Nathaniel Seekins of Stillwater Realty presented the request to change the conditions of the current USD Contract Zone. The applicant wishes to modify the screening requirements from a solid fence to densely planted evergreens. Currently the fence is often damaged or knocked over by people wishing to cut through to the property. This screening would be easier to maintain and would look better. Applicant also seeks more flexibility on parking and building use, though no specific plan is proposed at this time. Applicant is satisfied with the other contract conditions which include buffering requirements and curbcut limitations. Board Member Durgin asked the applicant to clarify if there were any alterations proposed for the building itself at this time. Mr. Seekins replied that there were not. Chairman Kinney asked for public comments. No member of the public spoke in favor or in opposition to the proposal. Planning Officer Gould stated that the applicant was initially looping to remove the conditions and be zoned USD with no contract conditions, but after working with staff now wants only to amend some of the existing contract conditions. Regarding the fence, the Code currently favors buffers over fences and the existing buffers on the property are functioning well. Regarding the additional building space, Mr. Gould emphasized that there is no current proposal to modify the building, and that if there were in the future, it would come before the Board through Site Plan Review. Proposed buffers would likely adequately screen any additional building. The comprehensive plan identifies this area for Commercial Development, Member Guerette made a motion to recommend the City Council adopt C.O. # 17- 204, amending conditions of this Urban Services District Contract Zone as proposed. Member Durgin seconded the motion. The Board voted unanimously in favor of the request, recommending the City Council pass C.O. #17-204. S S. CONTRACT ZONE CHANGE - 6 CLINTON STREET ® TEAM PRIOR, INC., APPLICANT C.O. #17-203. To amend the Land Development Code by changing a parcel of land located at 6 Clinton Street from Urban Service District (USD) to Contract Downtown Development District (DDD). Parcel approx. 9,733 sq. ft. Chairman Kenney asked the applicant or their representative to make a brief presentation of the request. Sean Thies of CES, Inc. represented the applicant, Team Prior. Mr. Thies stated that this is currently a grandfathered non -conforming site. The applicant wishes to make a modest alteration of the building — approximately 200 square feet -- to accommodate a walk-in freezer and other similar amenities. No change is proposed for the current business model — i.e. there will be no indoor or outdoor seating added. Board Member Durgin asked for clarification that there would be no additional seats or sales area. Mr. Thies responded that was correct. Mr. Durgin then asked if there would be any change in the parking configuration. Mr Thies responded that this would not affect parking and that the addition would be on the opposite side of the building. Chairman Kinney asked for public comments. Les Wilkinson, attorney for the applicant spoke in favor of the proposal and said that it would be very helpful for both the franchisor and the franchisee. Mr. Wilkinson asked if there were any landscaping requirements for the site. Planning Officer Gould noted that some landscaping was required in the contract conditions, and that Mr.Thies had prepared a plan that specified a location of buffer plantings. Chairman Kinney asked if the rezoning would make this property more non- conforming. Mr. Gould responded that if this were zoned DDD, current issues with parking and lot coverage would be remedied. Mr. Gould noted that straight DDD zoning would allow total lot coverage and a four-story building height, and no -on site parking. What the applicant is proposing is to retain some of the characteristics of the USD zone while gaining some of the flexibility of the DDD Zone. This rezoning will not allow for any radical changes to the site. Chairman Kinney asked if the property were rezoned, but the addition was not built, would the landscape plantings required in the contract conditions still be required? Mr. Gould replied that the plantings would still be required, as they need to comply with the new zoning of the site, which would include any contract conditions. Mr. Thies said they were in agreement with that. Board Member Parizo asked how the yard setbacks were calculated on this property. Mr. Gould responded that there would be three front yards (High St,, Clinton St., and Clinton Ct.) and one side yard. In addition, floor area restrictions will restrict how close this building can get to High Street. Chairman Kinney asked why the conditions included a 35ft maximum building height. Mr. Thies responded that this was an attempt to match the requirements of the USD district, rather than use the DDD height restrictions, which allow a taller building. Chairman Kinney summarized that the rezoning would allow a 1500 square foot building, up to three stories in height, with a 15 -foot setback from High St, Clinton St & Clinton Ct, and a 10 -foot setback from the neighboring residential property. Board Member Hicks commented that many buildings in this area were of a similar height — apartment buildings across the street, nearby commercial buildings, the adjacent church -- and that he was comfortable with that requirement. No member of the public spoke in opposition to the proposal. Member LeBlanc made a motion to recommend the City Council adopt C.O. # 17- 203, amending the zoning of this parcel from Urban Services District to a Downtown Development District Contract Zone. Member Boothby seconded the motion. The Board voted 5-2 in favor of the request, recommending the City Council pass C.O. #17-203. Members Boothby, Durgin, Hicks, LeBlanc, and Parizo voted in favor; Kinney and Guerette voted against. NEW BUSINESS 6. SITE DEVELOPMENT PLAN - 570 STILLWATER AVENUE — ALRIG USA, LLC, APPLICANT. Land Development Permit of a Site Development Plan to add a 9,440 square foot building and other site improvements at The Avenue, located at 570 Stillwater Avenue in a Shopping and Personal Service District (S&PS). 7 Chairman John Kenney asked the applicant or their representative to make a brief presentation of the request. Andrew Hamilton outlined the proposal on behalf of the applicant. He specifically cited that this proposed development would result in a net improvement in traffic flow, stormwater treatment, and economic utility for this and the adjacent Avenue parcel. Maine DOT and City have okayed traffic improvements, including reducing the existing curbcut and allowing for additional lane along Stillwater Avenue. City has okayed stormwater improvements. Mr. Hamilton stated that this proposal is appropriate for the zoning on the parcel and that the new building would be an improvement on the parcel, which is currently underbrush. Jake Modesto of Stonefiled, Inc. presented a color rendering of the site and described the overall uses on the site, including anticipated tenants and the parking needs associated with these uses. Mr. Modesto highlighted the modification to divide ingress and egress on the current entrance drive and the righy-in / right -out access on the new site. Two signs will be proposed for the development — one for the existing Avenue development and one for the new building. John Korack of Stonefield, Inc. discussed traffic improvements in detail. Internal traffic will be improved with 2 -way flow and widened access for emergency vehicles. Pedestrian amenities, including a crosswalk across Stillwater avenue, will be installed as part of this project. Chairman Kinney asked if there would be any changes to the existing traffic signals in the area. Mr. Korack responded that there were no additional signals or adjustment to signal timing anticipated. Planning Officer Gould stated that the original Avenue development did not have to comply with the stormwater requirements for the non -attainment watershed from DEP or with traffic movement permits from DOT. Additionally, the configuration of the adjacent I-95 access ramp has changed and the problems with turnaround traffic have been remedied. This is a great opportunity to remedy some problems with the current site in terms of traffic, stormwater, parking and landscaping — this proposal includes improvements in all of these areas, especially in the area of traffic and pedestrian amenities. The applicant has been responsive and accommodating throughout the process. Staff has no specific concerns about this proposal. City Engineer John Theriault stated that he was supportive of this proposal in that it will improve traffic circulation on the site and will improve pedestrian movement around the site and intersection. For upcoming Stillwater Avenue lane addition, the City may need to acquire some right-of-way from the applicant, to which the applicant has agreed. Additionally, proposed stormwater treatment will be a significant improvement over existing conditions. Member Durgin asked what the timeframe was for development. Mr. Modesto replied that the developer was on an aggressive schedule and planning to break ground this summer or fall. Chairman Kinney asked if the proposed development was in the Penjajawoc watershed, and if so, if it had been reviewed by the Mall -Marsh Commission. Mr Gould replied that while it was in the watershed, going before the Commission was optional and the applicant opted not to in the interest of time and travel. Member LeBlanc moved to approve the item. Member Guerette seconded the motion. The Board voted unanimously in favor of the applicant. PLANNING BOARD SCHEDULE 7. PLANNING BOARD SPECIAL MEETING FOR JULY Planning Officer Gould mentioned that the next scheduled Planning Board meeting falls on July 4 - a holiday -- and that the Board should consider holding a meeting the following Tuesday, July ii. The second meeting of the month still would be held as scheduled on July 18, the following week. The Board agreed. There being no further items before the Board, the meeting adjourned at 8:15pm.