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HomeMy WebLinkAbout2010-06-15 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JUNE 15, 2010 MINUTES Board Members Present: Allie Brown, Chairman Paul Bolin Doug Damon John Kenney John Miller Andy Sturgeon Miles Theeman City Staff Present: David Gould Peter Witham Chairman Brown called the meeting to order at 7:00 p.m. CONSENT AGENDA Mr. Kenney made a motion that Mr. Sturgeon be recused from voting on the Consent Agenda due to a conflict of interest as the plans were prepared by the company that he works for (James W. Sewall Company). That motion was seconded by Mr. Damon and it carried by a vote of 6 to 0. As no one wished to remove the item from the Consent Agenda, Chairman Brown asked for a motion. Mr. Damon moved to approve the Consent Agenda. The motion was seconded by Mr. Theeman and it passed by a vote of 6 to 0. The item approved is as follows: Item No. 1: Site Development Plan and Site Location of Development Modification approvals to install four concrete pads for storage tanks and a dust collection system at the Maine Avenue/Florida Avenue Site in a Contract Airport Development District and to construct a four foot wide sidewalk at the Griffin Road Site in an Airport Development District. General Electric, applicant. 2 PUBLIC HEARINGS Item No. 2: To amend the Land Development Code by changing a parcel of land located at 32 Sanford Street from Urban Residence 2 District to Government and Institutional Service District. Said parcel containing approximately .07 acres. Bangor Young Men’s Christian Association d/b/a Bangor Y and Y Vision LLC, applicants. C.O. # 10-219. Chairman Brown opened the Public Hearing and asked for a presentation. Mr. Sturgeon moved to recuse Mr. Kenney from voting due to a conflict of interest as the firm that he works for (WBRC Architects-Engineers) is preparing the site plan for the applicants. The motion was seconded by Mr. Theeman and it passed by a vote of 6 to 0. Attorney Andrew Hamilton represented the applicants, Bangor Young Men’s Christian Association, d/b/a Bangor Y, and Y Vision, LLC, in their rezoning application request to rezone 32 Sanford Street from Urban Residence 2 District to Government and Institutional Service District. Attorney Hamilton noted that this parcel was not under contract at the time of the recent rezoning request that included 9 separate parcels surrounding the Second Street Y property. No one spoke either in favor of or in opposition to this request. Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer David Gould indicated that in review of site plans submitted for the Y it was discovered that this parcel needed to be rezoned prior to site plan approval. Mr. Gould noted that had this parcel been included in the original application, Staff would have recommended approval of this parcel, the same as the other parcels. Staff did not have concerns in recommending that the Board recommend approval to the City Council. Mr. Theeman moved to recommend to the City Council that the zone change request as contained in Council Ordinance 10-219 at 32 Sanford Street for Bangor Young Men’s Christian Association d/b/a/ Bangor Y and Y Vision, LLC, be approved. Mr. Damon seconded the motion. Planning Board voted six in favor and none opposed to recommend that the City Council adopt the proposed rezoning at 32 Sanford Street as contained in Council Ordinance 10-219. Item No. 3: To amend the Land Development Code by changing three parcels of land located at 333, 337 and 345 State Street from Multi-Family and Service District to Contract Neighborhood Service District. Said parcels containing approximately 27,380 sq. ft. Thomas J. Vanidestine, Jr. and Double T. Properties, LLC, applicants. C.O. # 10-218. Chairman Brown opened the Public Hearing and asked for a presentation. Attorney Andrew Hamilton represented the applicants, Thomas J. Vanidestine, Jr. and Double T 3 Properties in their rezoning application request to rezone 333, 337 and 345 State Street from Multifamily and Service District to Contract Neighborhood Service District. Dr. Tom Vanidestine, the applicant, Attorney Jonathan Pottle with Eaton Peabody, and Mr. Dick Day with Plisga & Day were present in support of the contract zone change request. Mr. Day reviewed the history of the property since its acquisition by Dr. Bernie Dahl and redevelopment into several office buildings. Mr. Day showed the Board a conceptual site plan on how the site might be reused as a deli, if rezoned. Attorney Hamilton reviewed the proposed contract conditions intended for the property. He indicated that the conditions would limit retail or service business and take out restaurants to 2,000 square feet; that signage would be limited to the M & SD standards and that no roof signs or internally illuminated signs would be permitted; no business on the parcel would generate more than 100 vehicles trips in the peak hour; separated pedestrian access would be provided for uses on the property and bicycle and mass transit to the extent practicable would be facilitated; and, any new construction or existing reconstruction on the property will conform to the architectural character and style of buildings immediately abutting the property or within 100 feet of the property. Mr. Hamilton provided the Board some recent case law dealing with “consistency” of development plans based on Comprehensive Planning. The two cases cited provide wide latitude as to interpretation of an elected body on what is consistent. And secondly, that consistency with a comprehensive plan cannot be used as general site plan review criteria. Mr. Hamilton showed the Board a map of existing uses along the State Street area with a variety of residential, commercial, office, and civic uses. Chairman Brown asked for proponents. No one spoke in favor of the proposed change. Chairman Brown then asked for opponents. Mr. Charlie Overlock, of 32 Pearl Street, indicated that while his was not in total opposition, he lived in the neighborhood and would not want the general character of the neighborhood to change. Chairman Brown noted that the Board needed to be cognizant that the rezoning would allow other uses other than the specifics anticipated by this applicant. Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer Gould indicated that this is a request for a contract zone change for properties located at 333, 337 and 345 State Street from Multi-Family and Service District to Contract Neighborhood Service District. The City has maintained essentially the same land use and zoning policy along the State Street corridor for the past 30 years. The office uses and mixed use buildings largely exist as a result of the City’s land use policy. Numerous former gasoline service stations have been rehabilitated and reused as other retail and service businesses. While the specifics of some of the zoning language have changed the basic concepts are still the same. Board Members had questions regarding the sale of alcohol, traffic and the need for a traffic study, and the hours of operation. Planning Officer Gould discussed the requirements 4 of the Neighborhood Service District indicating that this district does not allow the consumption of alcohol, does not allow an establishment to be open to the public between the hours of 11:00 p.m. and 6:00 a.m., and does not allow drive-in businesses. Regarding traffic, this would be a site development plan issue and Mr. Gould indicated that because of the nature of the uses allowed, would not likely require that a full traffic study be prepared. Planning Officer Gould indicated that the Planning Staff finds that the proposal meets the mandatory conditions for granting a Contract Zone Change under Section 165-7 of the Land Development Code in that: (1) it is consistent with the Comprehensive Plan; (2) it is consistent with the existing uses in the area and permitted use within the original district; (3) that it only include conditions and restrictions which relate to the physical development or operation of the property and not its land use; and (4) that it be subject to the contract agreement. Chairman Brown asked for a motion. Mr. Sturgeon moved to recommend to the City Council that the contract zone change request for Thomas J. Vanidestine, Jr. and Double T Properties, LLC at 333, 337 and 345 State Street as contained in Council Ordinance 10-218 be approved. Mr. Miller seconded the motion. The Board voted 6 to 1 in favor of the motion. Chairman Brown indicated that she was uncomfortable that the rezoning may start a trend that would lead to additional rezoning requests that could change the character of State Street. APPROVAL OF MINUTES Item No. 4: Planning Board Approval of Minutes. Chairman Brown indicated that the Minutes of the June 1, 2010 Planning Board Meeting were in order. Mr. Bolin moved to approve the Minutes of the June 1, 2010 Meeting. Mr. Theeman seconded the motion, which carried by a vote of 7 to 0. As there were no further items for discussion, the meeting was adjourned at 8:16 p.m.