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HomeMy WebLinkAbout2010-10-05 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF OCTOBER 5, 2010 MINUTES Board Members Present: Allie Brown, Chairman Paul Bolin Doug Damon John Kenney John Miller Andy Sturgeon Julie Williams, Alternate Member City Staff Present: David Gould Jim Ring Paul Nicklas Peter Witham Lynn Johnson Chairman Brown called the meeting to order at 7:00 p.m. and explained the procedures for the Board’s review of Public Hearings. In the absence of Board Member Theeman, Alternate Member Williams was asked to vote. PUBLIC HEARINGS Item No. 1: Conditional Use/Site Development Plan approvals to reuse the existing building as a 25-bed dormitory for student doctors (boarding/rooming house use – Section 165-90, D (1)) and to construct a parking lot at 44 Ohio Street in a Multi-Family and Service District. Eastern Maine Medical Center, applicant. Chairman Brown opened the Public Hearing. Mr. Bolin asked to be excused from voting on this item as the applicant is his employer. Mr. Sturgeon moved that the Board excuse Mr. Bolin from voting as he does have a conflict of interest. The motion was seconded and it passed by a vote of 6 to 0. Mr. Kenney asked to be excused from voting as he is employed by the applicant’s agent who prepared the Site Development 2 Plan for this item. Mr. Sturgeon moved to excuse Mr. Kenney from voting as he has a conflict of interest. The motion was seconded and it passed by a vote of 5 to 0. As two members stepped down due to conflicts of interest, Chairman Brown informed the applicant that in order for this item to pass it would need four positive votes out of five possible votes. Mr. Ray Bolduc, PE with WBRC Architects-Engineers, Helen McKinnon, Vice President of Support Services, Todd St. Peter, construction Project Manager and Dr. Hunter Sharp, Director of Undergraduate Medical Education, were all present in support. Dr. Sharp explained Eastern Maine Medical Center’s Medical Education Program that enrolls nurses, nurse practitioners, physician assistants, medical students and medical residents. They presently house 16 medical students on the EMMC campus. Last year, they entered into a commitment with the University of New England and have a future commitment with the University of Vermont which will result in a 36 student increase. They propose to house 25 medical students at this location. Most of which will be third and fourth year students between the ages of 25 and 45 and will work various hours in various departments. Most of their hours will be between 7 a.m. and 7 p.m. However, there will be some who will be working night shifts. While there are rooms available for those on night shift at the hospital, there may be some who will be returning to this site. Mr. Bolduc discussed the current on-site conditions indicating that some of the existing landscaping and sidewalks will be removed. The applicant is proposing to add 19 new parking spaces, the majority of which are located at the back of the property. There are existing parking spaces located at the front of the property that will remain. There are 13 rooms (25 beds) in the building which require 13 parking spaces. The applicant is proposing 24 spaces on-site. The existing driveway will be widened to 24 feet. There is a common driveway with the abutting property and there is an easement between the parties that will be maintained and the abutting property owner will still have access to the driveway. The only modification will be to relocate the existing handicap ramp. The proposed lighting meets the lighting standard of the Land Development Code. They are proposing “C” and “A” Buffers. The applicant is proposing some new underdrains and a catch basin to detain the water so that it goes into the municipal system on Ohio Street. Mr. Bolduc discussed the Land Development Code standards for Site Development Plans (Chapter 165-114 A-J) indicating that the submittals met all of those standards. Mr. Bolduc also discussed the conditional use standards indicating that this proposal met all standards in that: no variances are being requested, it will not place an undue traffic burden on adjacent streets as there will probably be a peak of 25 trips because this is an existing facility the traffic will be grandfathered. They feel that the impact will be less than the 25 trips. The site has been reviewed by the Fire Prevention 3 people and they feel that this proposal is adequate. It is consistent with the architectural style of the area since there are no changes proposed to the building, only changes to the handicap ramp which will have minimal impact. Mr. Sturgeon indicated that they had done a great job with the layout of this site but expressed his concern about the nonconforming parking spaces on the front of the site as those using the spaces have to back out onto Ohio Street. He felt that they pose a hazard to pedestrian traffic along Ohio Street. Mr. Damon asked where the dumpsters are located on the site. Mr. Bolduc indicated that they are presently located near the existing carriage house. Chairman Brown then opened the meeting up for public comments. Mr. Rick Bronson, a resident of 37 Ohio Street, indicated that he has lived at this address for 40 years. During the time that he has lived there the Ross Home has been an anchor to this block. He indicated that he felt that this proposed use is contrary to the Will of Sylvia Ross under which the hospital acquired the property. He indicated that he wished to debate whether or not this use was fitting in this neighborhood. He noted that over the years that several homes have been removed thus lowering the density of the neighborhood. He felt that the parking lot takes away from the residential appearance of the neighborhood and he would prefer screening on Ohio Street and not see any parking at all. He also indicated that he would like for them to schedule normal hours for trash pick-up. Mr. Bronson was also concerned that in the future this use could cease and a rooming house use could be established at this site. He is afraid that this will change the residential character of the neighborhood. He felt that it would be better as a contract zone change for assurances for landscaping and reuse after Eastern Maine Medical Center vacates. No one else spoke and Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer Gould indicated that this is a request for Conditional Use and Site Development Plan approvals to reuse the existing building at 44 Ohio Street as a 25-bed dormitory. The Code Enforcement Office made the determination that this proposed use is a rooming house or boarding house conditional use in the Multi-Family and Service District. Mr. Gould discussed the four general conditional use standards of the Land Development Code indicating the proposed use met all four in that the basic standards of the Multi-Family and Service District are met, that the proposed use will not create unreasonable traffic congestion or hazardous conditions on adjacent streets; the operation of the conditional use will be insured by providing adequate fire protection, public utilities, and site improvements such as parking, drainage, etc. and the building will conform to the general character of the neighborhood. Mr. Gould indicated that this building is over 100 years old and was previously used as a 13- bedroom assisted living facility. They are now proposing 13 rooms, with 2 beds per 4 room for use by 25 students. For this use, the Land Development Code requires 13 on- site parking spaces. The applicant is proposing 24 spaces with the majority of those to the rear of the site. Where parking abuts another residential district they are required to provide a “C” buffer under the Code which is one of the heavier buffer requirements. The proposed lighting meets the standards in terms of the height of the fixtures and that they are proposed to be full cutoff. The Fire Prevention staff reviewed the layout of the parking lot and the access for emergency vehicles and they were satisfied that they would have maneuverability on the site. The City Engineer has reviewed the on- site drainage and has no problems with what is proposed. Mr. Gould indicated that the Multi-Family and Service District already allows the applicant to do this proposal as a conditional use. Because it is allowed, staff felt that there is no reason to impose contract zoning provisions. Staff recommended that the Board grant approval. Mr. Sturgeon asked if the existing parking spaces were grandfathered. Mr. Gould indicated that they are. The Board could say that they are unsafe and a hazard that needs to be mitigated. Mr. Damon agreed that it could pose a potential problem for those backing out onto Ohio Street. Mr. Gould indicated that Staff would not recommend backing out of a new parking space on to the street. Dr. Sharp explained that medical students come from all around the area. Most are single students with 12 month rotations at various times. For this reason they feel that they need all 24 spaces. Mr. Damon asked how many staff people work there. Dr. Sharp said that there is one maintenance person and a cleaning lady, neither of which has a residence there. Mr. Miller asked about on-site security. Mr. Todd St. Peter indicated that they have gone through the house to upgrade its security and have installed a central access, badge access, security system. Mr. Sturgeon asked if there were any documented accidents in this area and suggested that there be signage posted to look out for pedestrian traffic and to also encourage those using the site to park to the rear of the site. Mr. Sturgeon moved that the Board approve the Conditional Use and Site Development Plan requests to reuse the existing building at 44 Ohio Street as a 25-bed dormitory for student doctors (boarding/rooming house use – Section 165-90, D (1)) and to construct a parking lot at 44 Ohio Street in a Multi-Family and Service District. Eastern Maine Medical Center, applicant. Mr. Damon seconded the motion which passed by a vote of 5 to 0. Item No. 2: To amend the Land Development Code, Chapter 165, Section 165-112 – Submittal Requirements – to Require Submission of Post Construction Stormwater Maintenance Plans. City of Bangor, applicant. C.O. # 10-305. 5 Chairman Brown opened the Public Hearing and asked for Staff Comments. Planning Officer David Gould explained that this amendment proposes to modify the submittal requirements to require submission of a post-construction stormwater maintenance plan that is consistent with the Stormwater requirements of Chapter 268. This “housekeeping” amendment makes clear when submissions to the City must occur. No one spoke either in favor of or in opposition to the proposed zoning amendment and Chairman Brown closed the Public Hearing. Mr. Bolin moved that the Planning Board recommend to the City Council that the zoning amendment to Chapter 165-112- Submittal Requirements, as contained in C.O. # 10-305, be approved. The motion was seconded by Mr. Kenney and it passed by a vote of 7 to 0. Item No. 3: Amending the Land Development Code, Chapter 165, Section 165-13– Definitions – to add Registered Cultivation Facility and Registered Dispensary; to add Registered Dispensary as a permitted use in the following districts: Section 165-92 - Urban Service District; Section 165-97 - Government and Institutional Service District; and Section 165-101 Shopping and Personal Service District; and to add Registered Cultivation Facility as a permitted use in the following districts: 165-96 Urban Industry District; and Section 165-103 – Industry and Service District. City of Bangor, applicant. C.O. # 10- 336. The Public Hearing was opened by Chairman Brown who asked for a presentation. Planning Officer Gould explained that a similar version of this amendment was previously before the Planning Board. At that time, the Board found a glitch in the proposed language in that Medical Marijuana facilities were allowed in the Shopping and Personal Service District as a permitted use but were proposed as a Conditional Use in the General Commercial and Service District thus creating a discrepancy as permitted uses in the Shopping and Personal Service District are also permitted uses in the General Commercial and Service District. This version eliminates the discrepancy between conditional and permitted uses in the General Commercial and Service District. The amendment also eliminates the industrial districts from the dispensary option thus ensuring a separation between cultivation facilities and dispensaries. Mr. Gould went on to explain that all districts share the same exclusion criteria that they must be 1000 feet from schools, library, playgrounds, and parks; and 200 feet from any church, daycare, or residential zoning district. These uses are limited to one single location within the City. 6 Mr. Kenney indicated that from a planning perspective he had concerns about the proposed exclusions for one particular use and not for all similar uses. He requested clarification as to what basis the Planning Board recommendation should be from. Planning Officer Gould noted that the Land Development Code provides input by the Board on all amendments to the Zoning Code due to the Board’s unique perspective in dealing with land use applications every few weeks and the Comprehensive Plan’s intent to look at a land use in a much larger context. Mr. Damon asked if there had been a map created which shows where these uses could be located within the 200 foot and 1000 foot restrictions. Assistant City Solicitor Nicklas presented a map showing the various locations where such facilities could be located. Member Damon expressed his concern that the imposed locations could in fact push these uses to the edge of a neighborhood. Mr. Gould showed the Board commercial districts where the dispensaries would be allowed and commercial districts due to their limited size and proximity to residential districts where dispensaries would be excluded. Chairman Brown closed the Public Hearing as no one spoke either in favor of or in opposition to the proposed zoning amendment Mr. Sturgeon moved that the Board recommend to the City Council that the Land Development Code Amendment as contained in C.O. # 10-336 Amending Chapter 165- 13 Definitions and 165-92 et al - Registered Dispensaries and Cultivation Facilities be approved. Alternate Member Williams seconded the motion. The Board voted 5 to 2 in favor of the motion. NEW BUSINESS Item No. 4: Site Development Plan approval of an expansion of the existing parking lot, addition of a driveway, and relocation of the existing garage located at 499 Broadway in an Urban Service District. Cedarjack, Inc., applicant. Mr. Jim Kiser, with Kiser and Kiser and Rick Marston, partner with Cedarjack, Inc. were present in support of this application. Mr. Kiser discussed the site plan noting that one of the buildings on the site was removed due to damage done as a result of an automobile accident. The applicant is also proposing to locate a new garage on another part of the site and create a vehicle storage area for their U-Haul business. They would like to leave the vehicle storage as a gravel area. Lastly, they would like to utilize the other access on the site for better maneuverability and utilization by larger vehicles. The proposed vehicle storage area for the U-haul business that they run out of the UPS store is proposed as a gravel area as they feel that this is a temporary use. Regarding 7 the additional access, Mr. Kiser indicated that they propose to restrict this access with the existing access to remain as a two-way access. Chairman Brown indicated that it appears that the parking lot has already been done. Mr. Kiser said that some work had already been done as they were given permission by the Code Enforcement Office to do paving pending this approval. However, the secondary access has not been paved and is not usable at the current time. Mr. Bolin asked about the traffic volumes going in and out of the site and the proposed left hand turns. He expressed his concern about traffic safety especially with people making left hand turns. Mr. Kiser indicated that the Irving Station has people making left hand turns from their property which abuts this parcel. The traffic light under the I-95 overpass bridge has been backing up traffic beyond this first entrance to the site. By being able to utilize the other access as an exit only, it gives more ability to move out and into the lanes on Broadway. Mr. Sturgeon asked if they would accept a right hand turn only out of the smaller entrance. Mr. Kiser indicated that they would and would propose that the new entrance be an exit only, right hand only access with the existing access as a two-way access. Mr. Sturgeon indicated that he would be in favor of this. Mr. Sturgeon asked if the applicant had prepared a traffic study for this project. Mr. Kiser indicated that it was not required under the Land Development Code. Mr. Damon asked if they proposed signage. Mr. Kiser indicated that they were proposing double-sided signage indicating the directions. Chairman Brown felt that people using the site will still try to make left-hand turns just as they do on Stillwater Avenue. Mr. Miller asked if the new garage would be the same size as the old garage. Mr. Kiser indicated that it was. Planning Officer Gould indicated that this is a Site Development Plan request for expansion of the existing parking lot, addition of a driveway, and relocation of the existing garage located at 499 Broadway in an Urban Service District. In reviewing this plan, Staff raised two issues. First, the Land Development Code is clear that if you have a parking area in this district it has to be paved. The other issue is that of access management. Staff has said that if there is a clear need to have more driveways then they need to be placed such that they are safe and reasonable. Staff has found in cases of right in, right out only accesses there needs to be some physical restriction within the driveway because 50% or more of the people using it are not going to adhere to it. Staff would hope that some physical restriction be placed there and not just signage to ensure that it is complied with. A suggestion was made to create one single entrance. Mr. Kiser indicated that because there is a major power utility pole located at the center of the frontage of this 8 lot it would be too costly. They did consider it but the applicant wished to propose the two curb cuts. Mr. Damon asked Mr. Ring if he would design two accesses so close together. Jim Ring, City Engineer indicated that he came to the same conclusion that the Planning Staff did. It would be ideal to have a single access location. Mr. Ring indicated his concerns about allowing the two driveways even with the proposed restriction of right- out only as the driveway is so close to the adjacent one at the Irving property. Mr. Ring said that there are 5 lanes there which is where the stacking lane for the southbound interstate turning movement is which can stack up at times. When there are higher peaks there is more stacking. Mr. Ring said that he still has significant concerns about allowing a full movement there even though it is proposed as an exit only because of those left hand turns. If the Board wishes to consider approval of the site plan with the two driveways he would be more comfortable with the right exit only. Mr. Ring suggested that the driveway be configured so that it actually sweeps to the right as it would be more effective than a straight exit. Mr. Sturgeon asked how many original curb cuts there were on this site noting that in his mind this is an improvement. Mr. Kiser indicated that there were two accesses and they aren’t changing what was there. Chairman Brown expressed her concern about having two entrances on this site. Mr. Kiser said that UPS and FED EX trucks drop off and pick up things at the store. They have found that they need to provide better maneuvering on the site and that is what prompted the request for a secondary egress. Regarding a single access in the middle of the lot, it would create a dead end traffic flow so that larger vehicles would not have the ability to turn on the site. Ms. Williams indicated that she frequents many of the businesses in the area and none of those other businesses have restrictions on right in or right out only. She asked what makes this application unique. Mr. Kiser indicated that because this is before the Board it gives the Board an opportunity to review it. Ms. Williams indicated that she felt that the curb cuts for this site were smaller than others in the area and that she felt that a larger curb cut would allow for better control of cars exiting the site. Chairman Brown asked if the applicant was willing to do Mr. Ring’s suggestion of the sweep. Ms. Kiser indicated that there is very limited space and it would be cost prohibitive for the applicant to do this. Mr. Marston agreed and added that if they were required to do this they would need to close. Mr. Bolin moved that the Board approve the Site Development Plan for expansion of the existing parking, addition of a driveway and relocation of a garage at 499 Broadway in Urban Service District. Cedarjack, Inc., applicant. Mr. Damon seconded the motion and the motion passed by a vote of 6 to 1. 9 APPROVAL OF MINUTES Item No. 5: Planning Board Approval of Minutes of September 7, 2010 Meeting. Mr. Bolin moved to approve the Minutes of the September 7, 2010 Meeting. Mr. Miler seconded the motion, which passed unanimously. Mr. Gould brought to the Board’s attention a pending bill called the “Livable Communities Act” which deals with trying to get the Department of Housing and Urban Development to work with other Federal agencies relating to traffic and housing. This bill intends to provide planning and funding assistance to help do more housing in the inner areas. It also makes provision to coordinate federal transportation to make sure that there is a connection between land use and housing developments to provide transportation to those areas in the inner cities. There being no further items for discussion, the meeting was adjourned at 8:53 p.m.