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.