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.
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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.
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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
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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).
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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.