HomeMy WebLinkAbout2010-07-20 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF JULY 20, 2010
MINUTES
Board Members Present: Allie Brown, Chairman
Paul Bolin
Doug Damon
John Miller
Miles Theeman
Julie Williams, Alternate Member
City Staff Present: David Gould
Jim Ring
Peter Witham
Lynn Johnson
Chairman Brown called the meeting to order at 7:00 p.m. In the absence of Board
Members Kenney and Sturgeon, Alternate Member Williams was asked to vote.
PUBLIC HEARINGS
Item No. 1: Conditional Use/Site Development Plan approvals to construct
two, 4-unit townhouse buildings (single-family attached
residential) at 811 Mount Hope Avenue in a Low Density
Residential District. Sites Realty/Julie B. Sites, applicant.
Chairman Brown opened the Public Hearing and asked for a presentation. Mr. Fred
Marshall with Plymouth Engineering represented the applicant, Sites Realty/Julie B. Sites.
Mr. Marshall indicated that this is a request to build two, four-unit townhouse buildings off
Mount Hope Avenue. They are proposing to develop approximately the first 200 feet of this
1300 foot deep lot. There is a driveway/road that will serve the two buildings. Each of the
residential units will have a one car garage with a parking space in front providing space for
two vehicles. In the review process, the Fire Department requested a turnaround. Because
this is in an Urban Impaired watershed and the applicant is trying to stay under the 20,000 sq.
ft. of impervious surface, a temporary hammerhead using pervious pavers is being created.
The design of the buildings and roadway have been laid out so that the roadway will
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eventually cross over the drainage channel on the site for more development in the future.
Mr. Marshall indicated that architectural drawings of the buildings were submitted in support of
the conditional use standard that the buildings be architecturally compatible with the other
buildings in the area. At the request of the Fire Department a fire hydrant has been located
within the first 50 feet of the entrance. Lighting is low and at a pedestrian scale.
Mr. Marshall noted that an error in design of the stormwater was made at the time that
the plans were originally submitted and the plans have been revised. He discussed the
proposed stormwater plan indicating the direction of various flows, and the proposed buffers
indicating that they are proposing to retain a substantial amount of vegetation around the
perimeter which will meet the “A” buffer standards.
Chairman Brown then opened the discussion up to the public. No one spoke either in
favor of or in opposition to the proposal.
Chairman Brown closed the Public Hearing and asked for Staff comments. Planning
Officer Gould indicated that this application is a request for Conditional Use and Site
Development Plan approvals for an attached residential housing complex containing 2, four-
unit buildings in a Low Density Residential District. The Land Development Code allows an
applicant to propose, if they have a minimum of 3 acres, attached residential which is similar
to a townhouse type development. It allows up to 6 units in a single building. Each unit must
have its own individual access from the outside. The Conditional Use aspect requires the
Board to review the architectural details of the buildings to ensure that it is consistent with
other buildings in the area. As was noted, on this side of Mount Hope Avenue there are three
attached residential projects in a row. The Rolling Meadows Subdivision which is single-family
detached housing is across the street. Mr. Gould noted that another consideration is that of
traffic impact and he indicated that this type of housing is not a high traffic generator.
Regarding stormwater details, the applicant is proposing a stormwater system that will be
ready to handle additional development and meet State Stormwater standards. Mr. Gould
indicated that Staff felt that all of the details relative to conditional use and site development
plan approvals are in order
Mr. Jim Ring, City Engineer, indicated that he reviewed the revised stormwater
calculations and felt that they met submittal requirements.
Chairman Brown then asked for a motion. Mr. Theeman moved to approve the
Conditional Use and Site Development Plan to construct two, 4-unit townhouse buildings at
811 Mount Hope Avenue for Sites Realty/Julie B. Sites, applicant. Mr. Bolin seconded the
motion which passed by a vote of 6 to 0.
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Item No. 2: Conditional Use/Site Development Plan/Site Location of
Development Modification approvals to expand the
retail auto service use with a 1,725 sq. ft. addition to the existing
Tire and Battery Car Service Area and a 784 sq. ft.
vestibule entrance area addition at 47 Haskell Road in a General
Commercial and Service District. Walmart Stores,
Inc., applicant.
Chairman Brown opened the Public Hearing and asked for a presentation. Mr. Bill Gobel
with Bohler Engineering, represented the applicant who is requesting approval to do an overall
renovation and remodel of the existing Sam’s Club store at 47 Haskell Road. He explained
that the entrance and exit will remain at the same location. There is a small increase in
square footage (700 sq. ft.) of the vestibule. They are proposing to modify all of the
handicapped parking spaces as they presently do not comply with ADA standards. They are
proposing to add a canopy that will run along the front of the building for cars to pull in and
load, and to add 1700 sq. ft. to the Tire and Lube center. Mr. Gobel indicated that included in
this plan are the landscaping plans of two prior plan approvals. One from the original
construction and the second from when they installed the gas pumps. They propose to
replace any landscaping that was a part of the original approvals. From a stormwater
management standpoint they are proposing to reduce the rate of runoff from the site. There
will be a slight decrease of 224 sq. ft. of impervious surface. From a water quality standpoint
they are proposing the installation of ultra urban filters (an insert that goes into the existing
inlets) in order to enhance the water quality on this site. Mr. Gobel discussed the proposed
lighting. They presently have 42 foot high light poles throughout the parking lot. The
modification over by the Tire Center includes one light pole that needs to be relocated
approximately 20 to 30 feet to get it out of a travel area and into a protected island. Staff
pointed out that when making any modifications or replacing existing lights that they should
be in compliance with current standards which is 25 feet. Mr. Gobel indicated that they were
requesting a waiver of this one light pole as they would like to maintain consistency with all of
the other lights on the site.
Chairman Brown indicated that the Board does not have the authority to grant the
specific waiver being requested as it is not within the purview of the Planning Board. Mr.
Theeman asked who would have the authority to grant such a waiver. Planning Officer Gould
explained that generally the details of the Ordinance are approved by the Council. If someone
wants to change the ordinance to allow one to relocate poles, etc. then it would be within the
Ordinance. The Zoning Board of Appeals has the ability to grant someone a variance if they
can prove that there is an undue hardship resulting from complying with the requirement. Mr.
Gould indicated that the type of fixture is fine but because it is on a 39’ pole and a 2.5’
concrete base they would need to cut some part of the lamp post out to make it meet the 25’
height standard. Mr. Gould noted that the Walmart people were very good to go back to
make sure that all of the new light fixtures at the new Walmart would comply with the City’s
lighting standards.
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Mr. Damon asked if there would be direct access to the Tire Center. Mr. Gould
indicated that between Haskell Road and that side of the building there is a large landscaped
island and it is not directly open to Haskell Road.
Chairman Brown opened the discussion up to the public. No one spoke either in favor
of or in opposition to the proposal.
Chairman Brown closed the Public Hearing and asked for the Planning Officer’s report.
Mr. Gould indicated that this is a request for Conditional Use and Site Development Plan
review. Because of the size of Sam’s Club it does need to obtain Site Location of Development
Modification approval which the City has delegated authority to review. The reason this is a
conditional use is solely because the Tire and Lube component falls under the Land
Development Code as retail auto service use which requires conditional use review. This
review requires that the Board conduct an architectural review, and look at traffic. Mr. Gould
indicated that there is no significant change in the Sam’s Club building, the applicant provided
information from the Institute of Traffic Engineers about the additional trips generated per
service bay which is relativly minor in terms of additional traffic. The applicant talked with the
Maine Department of Transportation (MDOT) because there have been other developments
and on-going improvements on Haskell Road. MDOT has indicated that they have no specific
issues.
Because this is in a non-attainment watershed and even though the new construction is
already on impervious area DEP has requested that they treat the increase in floor area. The
applicant is proposing a retrofit of the stormwater system to try and help improve water
quality. In another area of the parking lot they are actually removing some spaces so that
they will add back green space to the site so that there will not be an increase in overall
impervious area. Staff feels that all of the details are in order. Mr. Gould indicated that the
Board needed to make it clear in the record that the one light needs to meet the lighting
standards of the Land Development Code.
Mr. Theeman moved to approve the Conditional Use/Site Development Plan/Site
Location Of Development Modification to expand the retail auto service use with a 1,725 sq. ft.
addition to the existing Tire and Battery Car Service Area and a 784 sq. ft. vestibule entrance
addition at 47 Haskell Road in a General Commercial and Service District for Walmart Stores,
Inc., applicant, with the condition that all current lighting standards are met. The motion was
seconded by Mr. Damon and it passed by a vote of 6 to 0
NEW BUSINESS
Item No. 3: Site Development Plan approval to construct a 28’ x 32’ garage
and other site improvements at 465 Hogan Road for Automotive
Sales use in a General Commercial and Service District. Lee
Credit Express d/b/a Credit Now Auto, applicant.
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Mr. Stan Plisga a land surveyor with Plisga & Day, represented the applicant who is
requesting Site Development Plan approval to reuse this site as a car dealership. The
applicant intends to lease this property which is the former Dexter Shoe building on Hogan
Road. The site is fully developed with the only change being the addition of a 28’ x 32’ garage
to comply with State regulations for car dealerships. In addition to construction of the garage
there will be a small amount of paving added to the front of the garage for a ramp. Mr. Plisga
indicated that the site has also incorporated landscaping from prior approvals to bring the site
into compliance.
Planning Officer Gould indicated that an automobile dealership is a permitted use in the
General Commercial and Service District. They are going to move to this existing site with
limited changes. There is a requirement that they have a service bay as part of an automobile
sales establishment. They need to construct another building to meet that requirement.
There are no specific details as to parking spaces for automobile dealerships because 95% of
the spaces on the site end up as display spaces. However, they are providing a certain
number of spaces for people to park that going to come to the dealership to look at
automobiles. As was pointed out one of the good elements of this plan is that they are going
to update all of the buffers (B Buffers on Hogan Road and an A buffer around the site). For
many years this site has shared a driveway with the adjacent gas station and that connection
will remain. Mr. Gould indicated that all of the details of the plan are in order and Staff
recommended approval.
Mr. Theeman moved to approve the Site Development Plan to construct a 28’ x 32’
garage and other site improvements at 465 Hogan Road for Lee Credit Express d/b/a Credit
Now Auto in a General Commercial and Service District. Mr. Miller seconded the motion. The
Board voted 6 to 0 in favor.
Item No. 4: Planning Board Discussion of Comprehensive Plan Policy
Document – Special Committee on Comprehensive
Planning.
Planning Officer Gould indicated that Staff had provided the Board with a copy of the
Council Order creating the Special Committee on Comprehensive Planning which largely
stemmed from the 2005 Comprehensive Update (which was largely done by the Planning
Board at that time). Mr. Gould outlined that process of review, public input and adoption of
that 2005 Comprehensive Plan Update. At the conclusion of that process, the Planning Board
did a self review and asked how they might do this differently if they were going to do this
process again. There was concern that the Comprehensive Plan should have input from a
much broader group of people from the City than just the Planning Board. The Planning Board
felt that because of the policy nature of the document the City Council should have a much
more interactive role in developing the plan. The Council Order set out to get a diverse group
of people throughout the city, consisting of citizen members, a member of the Historic
Preservation Commission, of the Marsh Mall Commission, City Council Members, and Planning
Board Members to sit down and look at the issues in front of them as opposed to the Planning
Board carrying the load all by themselves. While this Committee could make
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recommendations, the details of putting those into place really would be turned over to the
Planning Board such that if the Board wasn’t comfortable with what was proposed or thought
things were missing, then it would be able to revise the Plan.
After two years of work, the Special Committee on Comprehensive Planning has
authored a Policy Document. This work is the culmination of the work of going through the
topic areas, deciding what were priorities, and hearing from a range of people with expertise
such as educators, bankers, housing people, etc. Another goal of the Committee was to not
create a typical “cookbook” Comprehensive Plan full of statistical data and other information
but to condense it down for use as a policy directive for the City. Their task was focused on
creating a policy document that would work on the implementation of the Plan. Mr. Gould
indicated that the Policy Document isn’t a radical departure or whole new thinking about
things. There are some nuances in areas that are a little different than the old plan. At this
point in time, the intent is for the Planning Board to get a look at the new Policy Document.
Mr. Gould indicated that under the State’s Growth Management Law, there are some
very specific steps that the City will need to take before it can use the Policy Document as part
of the Comprehensive Plan. The 2005 document is certified by the State of Maine as the City’s
Growth Management Comprehensive Plan. The Policy Plan itself isn’t a Comprehensive Plan
and would be subject to legal challenge. Mr. Gould indicated that for the City to use the Policy
Document it will need to be made a part of the existing Comprehensive Plan so that it meets
the elements of the Growth Management Act. To do this, the new policies will need to be
compared to what is in the existing Comprehensive Plan to see where there is agreement and
where there are differences.
Chairman Brown thanked the Committee for its work as she felt that they have done a
remarkable job at simplifying various elements. Mr. Theeman felt that the Policy Document
should be incorporated into the existing Comprehensive Plan and deferred to Mr. Gould as to
how this is best done. He said that to do otherwise would be a discredit to those who worked
on it. Chairman Brown asked what the feeling was of the remaining Board Members. The
Board indicated that it was in agreement. Mr. Gould indicated that both documents would
need to be compared to see if there would be conflicts. The Board had questions as to
whether it would be the task of the Special Committee or Staff to undertake this review.
Mr. Nathaniel Rosenblatt, Chair of the Special Committee on Comprehensive Planning
indicated that he appreciated Board Member Damon’s services, as well as, everyone else on
the Committee. He indicated that very early in the work of the Committee they decided to
liberate themselves from the constraints of the “cookbook” comprehensive plan. The City
Manager encouraged them to focus on a document that would be of practical benefit to the
City.
Mr. Gould indicated that he would rather be proactive and take the new document and
input those new policies into the old plan. That way it will cover all the bases that the State
Planning Office wants relative to a Comprehensive Plan. The Policy Document can be used as
a summary guide. Mr. Gould noted that by going page by page to make sure that the most
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current information is what is in there will be time consuming. This needs to be completed 30
days prior to a public hearing.
Mr. Damon, Mr. Bolin and Chairman Brown all indicated that they felt that this
document would be much more useful on an everyday basis. It was the consensus of the
Board to direct Staff to go through both documents and incorporate the Policy Document into
the 2005 Comprehensive Plan Update.
Councilor Geoffrey Gratwick, a Member of the Special Committee on Comprehensive
Planning, noted the remarkable job that Mr. Gould and Mr. Rosenblatt have done to sheppard
this review. He noted that he felt that this process has been the most interesting part of city
government that he has seen so far because of the incredible tutorials about the various
elements. It was an educational view of the City of Bangor. He said that he felt that this is a
document that is usable and is as close as one can come to a vision.
APPROVAL OF MINUTES
Item No. 5: Planning Board Approval of Minutes.
There were no Minutes for consideration.
There being no further items for discussion, the meeting was adjourned at 8:05 p.m.