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HomeMy WebLinkAbout2009-06-16 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JUNE 16, 2009 MINUTES Board Members Present: Allie Brown, Chairman Nathaniel Rosenblatt Jeff Barnes Miles Theeman Doug Damon John Miller Andrew Sturgeon City Staff Present: David Gould James Ring Bud Knickerbocker Lynn Johnson Chairman Brown called the meeting to order at 7:30 p.m. CONSENT AGENDA As no one wished to remove the item for discussion, Chairman Brown asked for a motion. Mr. Rosenblatt moved to approve the Consent Agenda. Mr. Barnes seconded the motion. The Board voted 7 to 0 in favor. The item approved is as follows: Item No. 1: Site Development Plan approval of modifications to the approved Site Development Plan to construct a 92-room, 14,152 sq. ft. hotel located on Sylvan Road in a General Commercial and Service District. Rootie Kazootie, applicant. 2 PUBLIC HEARINGS Item No. 2: To amend the Land Development Code by changing four parcels of land located at 253, 265, 273, and 281 Hammond Street from Multi-Family and Service District to Contract Urban Service District subject to certain conditions. Said parcels containing approximately .78 acres. David B. Lawler, applicant. C.O. # 09-197. Chairman Brown opened the Public Hearing. Mr. David Lawler, the applicant, spoke in support of this Contract Zone Change application. Mr. Lawler indicated that he was requesting this change to afford him more flexibility in how the buildings can be used. He noted that he has done extensive renovations to his other buildings and this zone change would allow him better flexibility in keeping the buildings occupied and maintained. He indicated that he would also like to replace the deteriorated building at 281 Hammond Street (the former gasoline station now video store) with a new building and have it designed to better conform to the character of his other buildings. Mr. Lawler introduced into the record a letter from several neighboring business owners who were in support of this request. No one else spoke in favor or in opposition. Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer David Gould explained that this is an application for a Contract Zone Change from Multi-Family and Service District to Contract Urban Service District with conditions. Mr. Gould gave a history of the previous zone change requests for this neighborhood. In 1998, a request for a Contract Zone change for a national chain pharmacy at this location was subsequently approved by the City Council. As this process took several months, the developer eventually decided against this location and the rezoning was never recorded. Because of the concerns raised at the time of this request about the dilapidated and deteriorated conditions of buildings on Union Place, the City Council adopted the Union Place Neighborhood Conservation Project in 1999 that acquired and demolished several buildings with the intent of redevelopment. In 2004, the current applicant received tentative developer status to redevelop the six parcels along Union Place along with the four parcels on Hammond Street that this applicant owns. The applicant applied for a Contract Zone Change from Multi-Family and Service District (M & SD) to Contract Urban Service District with the same conditions as contained in this request. The zone change was recommended by the Planning Board. However, the development proposal did not proceed and the zoning remained unchanged. Subsequently, a separate multi-family development was constructed. Planning Officer Gould indicated that the applicant is now proposing the same contract conditions as he did in 2004. The existing video store is a nonconforming use in the M & SD. The rezoning would allow the applicant to demolish and/or expand the building which houses the video store. The M&S District does allow office use but does not allow retail sales or other commercial uses. The conditions, as proposed, have a limitation as to drive-thru businesses, automotive service, gasoline sales, and the sale of alcohol. The limitation of 3 5,000 sq. ft. of retail floor area and the ability to provide on-site parking will control the size of any building on this site. Mr. Gould noted that the Comprehensive Plan Update was being developed at the time this proposal was evolving. The Land Use and Zoning Policy Plans represent high density housing but the narrative indicates mixed use is the likely redevelopment type. Mr. Damon noted that Mr. Lawler had done a good job in rehabilitating the adjacent structures which has improved that section of Hammond Street. Mr. Sturgeon asked why the contract conditions utilized setback standards in lieu of use limitations and what impact would that have. Planning Officer Gould noted that the drafter of the conditions was likely trying to deal with the Zoning Ordinance standard in Section 165-7 (3) which discourages land use limitations over physical limitations as to setbacks height bulk etc. Given the size and shape of the land being rezoned the neighboring residential uses and distances involved would prohibit most of the uses on the property. Mr. Rosenblatt asked if there might be other commercial uses that could occur here if another applicant were to succeed Mr. Lawler. Mr. Gould noted the conditions deal with most of the high intensity, high traffic uses that might see this as a potential location; fast food, auto service. The site has some challenges in terms of access given its close proximity to the signalized intersection. Staff recommended that the Planning Board recommend approval of the Contract Zone Change as contained in C.O. # 09-197. Board Members discussed the proposed contract conditions and proposed uses that would be allowed on the site. Mr. Gould indicated that the 5,000 sq. ft. limitation would also limit the use. Mr. Barnes moved that the Board recommend to the City Council that the Contract Zone Change request contained in C.O. # 09-197 from Multi-Family and Service District to Contract Urban Service District for 253, 265, 273, and 281 Hammond Street for David B. Lawler be approved. Mr. Damon seconded the motion which carried by a voted of 7 to 0. Item No. 3: Amending Land Development Code – Chapter 165-43 – Stormwater Runoff. To require a post construction Stormwater Inspection and Maintenance Plan. City of Bangor, applicant. C.O. # 09-199. Chairman Brown opened the Public Hearing. Assistant City Solicitor Paul Nicklas provided an overview of the proposed Land Development Code Amendment. Mr. Nicklas explained that there are new regulations regarding Urban Impaired Watersheds. This amendment to the Land Development Code requires that applicants who develop Stormwater Runoff Control Systems provide a plan to the City to detail maintenance plans and plans for annual inspections Mr. Nicklas explained that the City is in the process of developing a comprehensive Stormwater Ordinance. The State is requiring that the City have regulations in place to 4 meet the MS4 Permit requirements. The amendment before the Board is a stop gap measure to meet a July 1, 2009 State deadline concerning post construction maintenance and inspection. Mr. Rosenblatt asked if this amendment would be retroactive. Mr. Nicklas indicated that this amendment would not be retroactive but the Stormwater Ordinance that is presently being developed by the City will be. Mr. Sturgeon asked if the City’s regulations would be more restrictive that the State’s. Mr. Nicklas indicated that they presently were not proposed to be. No one spoke in opposition. Chairman Brown closed the Public Hearing and asked for Staff Comments. Planning Officer Gould indicated that this new language will make it clear that those projects that have stormwater mitigation elements and are connected to the City’s system will need to provide a maintenance plan to the Code Enforcement Office and have annual inspections. This amendment is being requested now to meet the State’s July 1, 2009 deadline for having regulations in place. Mr. Rosenblatt moved to recommend to the City Council that the Zoning Amendment contained in C.O. # 09-199 be approved. Mr. Theeman seconded the motion. The motion passed by a vote of 7 to 0. NEW BUSINESS Item No. 4: Site Development Plan and Site Location of Development Modification approvals for water quality improvements to the stormwater system at Bangor International Airport, City of Bangor, applicant. Mr. Jim Ring, City Engineer, explained that this is a request for Site Development Plan and Site Location of Development Modification approvals for stormwater improvements at Bangor International Airport. Mr. Ring indicated that the City applied for American Recovery and Reinvestment Act monies and has received $1.69 million to do watershed improvements in Birch Stream which is an impaired watershed. However, time is of the essence as this funding is conditioned upon the project being put out to bid and under contract by July 21, 2009. Mr. Andrew Johnston P.E., project engineer with SMRT, explained that Bangor International Airport is one of the largest contributors of stormwater runoff to Birch Stream. This project is split into three construction contracts and will consist of: 1) an “international canal” contract which includes a drainage ditch northwest of the car rental businesses; 2) a “domestic” canal contract which includes a ditch along Godfrey Boulevard and the detention pond into which it flows behind the Penobscot Community Healthcare facility on Union Street; and 3) the installation of bio retention swales in the Godfrey Boulevard median and near the General Electric facility at Maine Avenue. 5 Mr. Rosenblatt asked if it is possible to quantify the reduction of pollutants in these systems. Mr. Johnston indicated that this would be very difficult to do as it won’t be something that you will be able to see over night. However, over time areas along the stream will see improvements. Mr. Miller asked if there would be long term costs associated with maintaining these. Mr. Johnston indicated that people will need to be trained in order to do the maintenance and there will be costs associated with it. Chairman Brown asked what the condition of these systems would be 25 years from now. Mr. Johnston explained that the natural systems should maintain themselves and the bio-retention systems will need to be replaced every 5 to 10 years. Chairman Brown asked for Staff comments. Planning Officer Gould indicated that this is a request for Site Development Plan and Site Location of Development Modification approvals. When Bangor International Airport was originally designed (as Dow Air Force Base) it was designed to get rid of water as fast as possible. Over time, areas were designed to hold the water in detention ponds which left the problem of dealing with stagnant water. The City is now requesting approval of improvements to improve the water quality of the Birch Stream Watershed (which is an Urban Impaired Stream). The three construction contracts will consist of repair and replacement of drainage structures, construction of bio- retention swales, and modifications to existing ditches to help increase oxygen content, lower temperatures, filter sediments, reduce pollutants and reduce wildlife habitat near the aviation area. No additional impervious is proposed. Staff recommended approval of both applications as the plans submitted meet all submittal requirements. Mr. Barnes moved to approve the Site Development Plan and Site Location of Development Modification requests for water quality improvements to the stormwater systems at Bangor International Airport for the City of Bangor. Mr. Miller seconded the motion which passed unanimously. Item No. 5: Site Development Plan approval to construct concrete pads and minor site work to facilitate mobile MRI and CT Units and construct a 33-space parking lot addition at 133 Corporate Drive in a Technology and Service District. Sunbury Medical Properties LLC, applicant. Mr. Vinal Applebee, Applebee Engineering, represented the applicant. Mr. Applebee explained that this is a request for approval of concrete pads to facilitate mobile MRI and CT Units, as well as, for a 33-space parking lot addition at 133 Corporate Drive. The applicant received approval for the parking lot addition in 2007, but it was never constructed and the approval lapsed. The site plan is for the same parking layout. Mr. Applebee indicated that at the time the Staff Memorandum was written there were some outstanding issues with the site development and since that time new plans have been submitted addressing those concerns. He also noted that the revised plans also address concerns from Fire Prevention regarding providing for adequate access to fire apparatus. The new plan includes a provision for a fire lane to allow for this access and striping and lettering the pavement, and additional signage. The 33-space expansion will help to alleviate existing on-site congestion. 6 Mr. Damon asked where the power access would be for the two mobile units. Mr. Vaughn Smith, representing the applicant, indicated that there is existing underground power that goes to a transformer which is located between the two units. Planning Officer Gould indicated that the applicant’s agent submitted revised plans addressing Staff concerns regarding the development table on the plan showing calculations, existing calculations versus proposed, required calculations versus proposed, the concerns from Fire Prevention, buffers, missing symbols in the legend and abutting zoning districts. Mr. Gould indicated that the revised plans are now in order and Staff recommended approval. Mr. Rosenblatt moved that the Board approve the Site Development Plan at 133 Corporate Drive for Sunbury Medical Properties, LLC, applicant. Mr. Theeman seconded the motion. Mr. Damon asked whether or not the lights met the lighting standards. Mr. Gould indicated that they did. The Board voted 7 to 0 in favor of the motion. APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes. Chairman Brown indicated that the Minutes of the June 2, 2009 Meeting were in order. Mr. Theeman moved that the Minutes of the June 2, 2009 Meeting be approved. Mr. Barnes seconded the motion. The motion passed unanimously. There being no further items for consideration, the meeting was adjourned at 8:09 p.m.