HomeMy WebLinkAbout2011-04-05 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF APRIL 5, 2011
MINUTES
Board Members Present: Miles Theeman, Chairman
Paul Bolin
Charles Boothby, Alternate Member
Doug Damon
John Kenney
John Miller
Andy Sturgeon
Julie Williams
City Staff Present: David Gould
Rodney McKay
Art Morgan
Peter Witham
Lynn Johnson
Chairman Theeman called the meeting to order at 7:00 p.m.
CONSENT AGENDA
As no one wished to remove either item from the Consent Agenda, Chairman
Theeman asked for a motion. Mr. Damon moved to approve the Consent Agenda. Mr.
Sturgeon seconded the motion which passed unanimously. The items approved are:
Item No. 1: Final Subdivision Plan approval of a revision to the approved 3-
lot commercial subdivision located off of Haskell Road in a
General Commercial and Service District. Webber Oil
Company, applicant.
Item No. 2: Site Development Plan and Site Location of Development
Modification approvals to construct a new 12,040 sq. ft.
building for office space and warehouse space at 498 Maine
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Avenue in a Contract Airport Development District. Bangor Gas
Co. , applicant.
PUBLIC HEARINGS
Item No. 3: Amending the Land Development Code, Chapter 165-8 –
Districts established, Section 165-62 – Visual clearance on
corner lots; Section 165-66 – Zoning district boundaries;
Section 165-72 – Required number of spaces; Section
165-73 – Parking area location and screening; Section 165-135
A – Height limits; and Chapter 165, Schedule A. City of Bangor,
applicant. C.O. # 11-100.
Chairman Theeman opened the Public Hearing. Mr. Kenney indicated that he felt
that he had a conflict of interest as his employer is the firm working on the plan for the new
Arena. Mr. Sturgeon indicated that he also had a conflict of interest as his employer is a firm
that is working on the plans for the new Arena. Mr. Bolin moved that both Mr. Kenney and
Mr. Sturgeon have a conflict of interest and should be recused from voting on this item and
the proposed zone change request under Item No. 4, as well. The motion was seconded by
Mr. Miller and passed by a vote of 5 to 0. Mr. Boothby was asked to vote.
Planning Officer David Gould indicated that in order to provide for the anticipated
redevelopment of the Bangor Auditorium and Civic Center the City has proposed several
amendments to the Bass Park District. The Bass Park District was initially created in 2004 to
accommodate a racino. The project relocated to the other side of Main Street and the District
was never put into use.
The District provides an ideal platform for the redevelopment of the auditorium and
civic center. The amendment will facilitate a downtown style development with development
standards similar to downtown and the waterfront in terms of heights and setbacks. The Bass
Park District will be added to appropriate sections for buffers, transition yards and parking
design standards. Mr. Gould noted that the District will treat parking similar to downtown and
the waterfront. In both instances, the City takes on the primary responsibility for off-street
parking such that development can occupy the majority of the available development space.
While there has been a fair amount of discussion as to the parking demand for a new facility
the City is in the best position to deal with managing the parking needs of the facility with
off-site lots, parking garages, and potential shuttle systems.
Mr. James Ring, PE, and former City Engineer, indicated to the Board that the
proposal is to make adjustments to the existing Bass Park Zoning District that was created in
2004. Mr. Ring noted that the district would facilitate the development of a new arena and
civic center, should the voters approve them.
As there were no other proponents or opponents, Chairman Theeman closed the
Public Hearing.
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Member Damon asked if parking would be created at the corner of Buck and Main
Streets. Mr. Ring noted that the present design would have the building located just off the
sidewalk and parking would be further north off Buck Street and at other existing locations.
Chairman Theeman asked for a motion. Mr. Bolin moved that the Board recommend
that the City Council adopt the zoning amendment to the Land Development Code - Chapter
165-8 Districts, Visual Clearance on corner lots, 165-66 Zoning District Boundaries, 165-72
Parking, 165-73 Parking location and screening, 165-135A Height and Schedule A, as
contained in Council Ordinance No. 11-100. Mr. Miller seconded the motion, which passed by
a vote of 6 to 0.
Item No. 4: To amend the Land Development Code by changing parts of
parcels of land located on 100 Dutton Street/Main Street and
Buck Street from Government and Institutional Service
District, Park and Open Space District and Urban Residence One
District to Bass Park District. Said parts of parcels containing
approximately 67 acres and being more particularly indicated
on the map below. City of Bangor, applicant.
C.O. # 11-099.
Chairman Theeman opened the Public Hearing and asked for comments from
proponents. As Members Kenney and Sturgeon were recused from voting, Alternate Member
Boothby was asked to vote.
Mr. James Ring, PE, and former City Engineer, indicated to the Board that the
proposal is to rezone the land surrounding Bass Park into a Bass Park Zoning District that
was created in 2004 but not put into place until this proposal. Mr. Ring noted that the
district would facilitate the development of a new arena and civic center, should the voters
approve them.
There were no other proponents or opponents who spoke. Chairman Theeman closed
the Public Hearing and asked for Staff comments. Planning Officer David Gould indicated
that in order to provide for the anticipated redevelopment of the Bangor Auditorium and Civic
Center the 67 acres that presently are occupied by the Auditorium, race track, grandstands,
and agricultural buildings are proposed to be located into a single zone - Bass Park District.
Presently, the Auditorium is in a Government and Institutional Zone and the race track,
grandstands, and parking lot are in a Park & Open Space District. A small portion of the site
including the northerly driveway exiting to Buck Street near Bond Street is presently zoned
Urban Residence 1 District. This presumably was done to attempt to create a land use buffer
between the homes on Bond Street and the racing activity and horse barns at the adjacent
track. The rezoning would leave a portion of the land adjacent to Bond Street in URD-1 but
would include the northern drive in the Bass Park District.
Member Williams asked if the Municipal Golf Course would remain in Park and Open
space zoning. Planning Officer Gould indicated that it would.
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Chairman Theeman asked for a motion. Mr. Bolin moved that the Board recommend
approval of the zone change request to change parts of parcels of land located on 100
Dutton Street/Main Street and Buck Street from Government and Institutional Service
District, Park and Open Space District and Urban Residence One District to Bass Park District.
City of Bangor, applicant, as contained in C.O. # 11-099. The motion was seconded by Mr.
Miller and it passed by a vote of 6 to 0.
OLD BUSINESS
Item No. 5: Conditional Use, Site Development Plan, and Developmental
Subdivision Plan approvals to construct one duplex building, 4
four-unit buildings, and 6 six-unit buildings for a total of 54,
two-story single-family attached residential units (Chapter 165,
Section 165-99 D. (1)) located off of Greenfield Avenue and
Grandview Avenue in a Low Density Residential District. TJS
Realty, LLC, applicant.
Mr. Theeman noted that the Public Hearing for this item was closed at the Board’s
previous meeting (March 22, 2011 Meeting). Ms. Williams indicated that at that meeting it
was established that she has a conflict of interest. Mr. Bolin moved to excuse Ms. Williams
due to her conflict of interest. The motion was seconded, and it passed by a vote of 6 to 0.
Alternate Member Boothby was asked to participate. Chairman Theeman noted that Mr.
Boothby missed the initial hearing on this item and he asked if he felt comfortable voting on
this item. Mr. Boothby indicated that he reviewed tapes and the record of the previous
public hearing and reviewed the materials which were given to the Board at the last meeting,
as well, and he felt he was prepared to vote on this item.
Planning Officer David Gould indicated that at the previous meeting, the Board
received testimony by both proponents and opponents. Because of the large volume of
written materials that were passed out to the Board, some Members wanted more time to
review these details. Mr. Gould indicated that at this point in the process, it is for discussion
amongst the Board Members as to their specific findings and conclusions.
Chairman Theeman indicated that it would be his preference not to review every
standard and go down through a check list but allow each Board Member to comment on
their concerns.
Mr. Bolin indicated that he reviewed all of the extensive materials in addition to
weighing in on the testimony of both parties and comments from neighbors. He heard
arguments for and against passage of this in terms of the code’s definition of extent and
intensity that were not explained. He asked if Assistant City Solicitor Nicklas could elaborate.
Assistant City Solicitor Paul Nicklas explained that the terms “extent” and “intensity of
use” is one of the standards given through the Ordinance for the Board to take into account.
He indicated that case law indicates that the Board is allowed to look to the rest of the
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Ordinance for guidance on that. The Board needs to make sure that they are looking at the
rest of the Ordinance and not bringing in anything from outside the Ordinance.
Mr. Bolin indicated that he had various questions regarding the extent and intensity of
use of the property in the immediate area which is 500 feet. He indicated that he sees a
large difference between this development and other existing development in the immediate
area. While this is a permissible use in the zone, he felt that there is a difference. He
indicated that he understood the concerns of the abutting land owners but had difficulty
navigating his way through to determine how the intensity is consistent with the abutting
land.
Mr. Miller indicated that his largest concern was that of pedestrian safety and safe
access from the development to Essex Street whether it be for bus pick-up for children or
just pedestrian travel safety. He felt that those issues were addressed very clearly at the last
meeting. The applicant is proposing either a stamped walkway or an elevated sidewalk. He
said that this could possibly be a condition of approval.
Mr. Kenney indicated that he had concern regarding pedestrian safety and that the
applicant’s raised or stamped walkway satisfied his concern.
Mr. Damon indicated that he had a couple of concerns regarding traffic and pedestrian
access. He said that he thought that the raised sidewalk helped but it does not help with the
traffic flow in the neighborhood. He said that he was struggling with the School
Department’s letter which indicated that there would be no effect on traffic on Essex Street
from children using school buses. Mr. Damon said that he was having difficulty reading the
two sides to decide which one is right and which one is wrong. He said that he didn’t want
to trample on one person’s rights to get to another one’s rights. However, he felt that this is
what was going to happen.
Chairman Theeman indicated that he shared Member Bolin’s concerns regarding
Section 4 of the Conditional Use standards. He indicated that he struggled as to whether an
area that is almost exclusively single-family dwellings and a condo complex are really
compatible even though they are both allowed in the same zone. He was also concerned
about access to the condo complex.
Mr. Damon asked if this would be the only raised sidewalk out there. Acting City
Engineer Morgan indicated that there is an existing sidewalk on Grandview Avenue. There is
no sidewalk on Essex Street.
Planning Officer David Gould said that the Board has two decisions. The Board needs
to determine if without any sidewalk at all, this project would meet the standards for
pedestrian safety. Secondly, the applicant has given the Board two sidewalk options either a
stamped sidewalk on each side of the road or a raised or elevated sidewalk on one side of
the road.
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Mr. Sturgeon moved to approve the Conditional Use, Site Development Plan, and
Developmental Subdivision Plan to construct one duplex building, 4 four-unit buildings, and 6
six-unit buildings for a total of 54, two-story single-family attached residential units (Chapter
165, Section 165-99 D. (1)) located off of Greenfield Avenue and Grandview Avenue in a Low
Density Residential District, TJS Realty, LLC, applicant with the condition that a raised
sidewalk be constructed on one side of the road from the development to Essex Street. Mr.
Miller asked if the start of the sidewalk would be from the development or from the dwelling
area. Mr. Sturgeon moved to amend his motion that the sidewalk be constructed from the
congregation of buildings access and Greenfield Avenue to Essex Street. Mr. Boothby
seconded the motion. The Board voted four in favor and three opposed.
Planning Officer Gould asked those Board Members who voted against this item to
state their reasons why.
Mr. Bolin indicated that his concern remained the same as he voiced in the past that
under Section 165-9, 4 that extent and intensity is not consistent with the abutting
neighborhood as defined within the 500 foot distance around the development.
Mr. Damon indicated that his reasons for voting against it were because he could not
resolve the disparity between the two traffic reports, that he could not come to the
satisfactory conclusion that there is not a traffic problem, and that the street is not
adequately designed for that level of traffic.
Chairman Theeman stated that his reason for voting against this application is the
same as Member Bolin’s. He indicated that he was not comfortable that this is compatible
with the rest of the neighborhood.
NEW BUSINESS
Item No. 6: Site Development Plan approval to construct three, single-story
buildings totaling 19,380 sq. ft. and associated parking at 878
Stillwater Avenue in a General Commercial and Service District.
ALSID, applicant.
Mr. Fred Marshall with Plymouth Engineering, and Jackie Hewitt with ALSID were
present in support of the application. Mr. Marshall explained that this is a revision to a
previously approved site plan. The new revision included three, single-story buildings. There
is presently a drive-thru bank on this site, as well. The new buildings include a 3,400 sq. ft.
retail building, a 5,800 sq. ft. retail building and a 5,000 sq. ft. restaurant. This site plan is
less dense than the previously approved plan and egress to the site is off of the Wal-Mart
access drive. Mr. Miller had questions regarding the number of parking spaces. Mr. Marshall
indicated that they have actually gained parking spaces. The site will provide 156 spaces
where 65 spaces are required.
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Mr. Marshall indicated that they will not need an MDOT Traffic Movement permit as
this site is part of the original Traffic Movement Permit (for the Wal-Mart Project) issued by
the State and the site use is less intense that that of the previous approval.
Mr. Kenney asked if there was too much parking for proposed uses. Mr. Marshall
explained that because there are no firm leases yet for these buildings that the applicant is
providing extra parking in the anticipation of a potential restaurant use.
Acting City Engineer Morgan indicated that he reviewed the plans and found them to
be in compliance with the Land Development Code. He noted that the site as proposed is
less intensive and he recommended passage.
Planning Officer Gould indicated that this plan has been before the Mall Marsh
Commission and has received their support. Staff reviewed the revised submittals and found
them in order and recommended approval.
Mr. Damon asked if there was a need for a turning lane as he was concerned about
safety. Mr. Gould indicated that there are two lanes of traffic going into the Wal-mart access
drive and two lanes going out.
Mr. Bolin moved to approve the Site Development Plan to construct three, single-story
buildings totaling 19,380 sq. ft. and associated parking at 878 Stillwater Avenue in a General
Commercial and Service District. ALSID, applicant. Mr. Kenney seconded the motion which
passed by a vote of 7 to 0.
APPROVAL OF MINUTES
Item No. 7: Planning Board Approval of Minutes.
Chairman Theeman indicated that the Minutes of the March 15, 2011 Meeting were in
order for approval. Mr. Damon moved to approve the Minutes of the March 15, 2011
Meeting. The motion was seconded by Mr. Bolin and it passed unanimously.
There being no further discussion, the meeting was adjourned at 8:09 p.m.