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HomeMy WebLinkAbout2009-05-19 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MAY 19, 2009 MINUTES Board Members Present: Allie Brown, Chairman Nathaniel Rosenblatt Jeff Barnes Doug Damon Miles Theeman John Miller City Staff Present: David Gould James Ring Norman Heitmann Peter Witham Bud Knickerbocker Lynn Johnson Chairman Brown called the meeting to order at 7:00 p.m. PUBLIC HEARINGS Item No. 1: Conditional Use/Site Development Plan approvals to use a portion of 80 Farm Road as an auto repair shop in an Industry and Service District – Bren Rich Corporation, applicant. Chairman Brown opened the Public Hearing and asked for a presentation. Mr. Dick Campbell, representing the applicant Bren Rich, indicated that the request is to use a portion of 80 Farm Road as an auto repair shop. He explained that Bennett Tire is proposing to relocate its business to this site. The business will be confined within the existing structure. Mr. Campbell discussed the proposed site development plan with the Board. No one spoke either in favor of or in opposition to the request. Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer Gould indicated that this request is for Conditional Use and Site Development Plan approvals for an 2 automobile repair shop to reuse 6,000 sq. ft. of the existing building located at 80 Farm Road in an Industry and Service District. Mr. Gould discussed the standards for conditional use approval within the Industry and Service District relative to no sales of automobiles on the premises, that automobiles being repaired must be screened from view and the operation must be soundproof and must be done completely within the building. Staff finds that those standards have been met. The building is in a unique spot as it abuts an industrial site, as well as, residential areas. There is existing dense vegetation on the site that acts as a “built-in” buffer on Thatcher Street. There was a connector from this site to Thatcher Street, however, it has been blocked off with jersey barriers. It is the applicant's intent to build their own drive and install a landscape berm which will be comparable to a “B Buffer.” Mr. Gould discussed the four standard conditional use criteria and indicated that this application meets those standards in regard to the district requirements; it will not create unreasonable traffic congestion or hazardous conditions on continuous or adjacent streets; and, there will be adequate utilities provided. The applicant also submitted an elevation drawing in support of the condition that it conforms to the character of the neighborhood. The applicant was asked to submit revised plans addressing some concerns Staff had regarding labeling for documentation of lighting, loading and buffers. The applicant has submitted revised plans addressing those concerns and Staff recommended approval. Mr. Damon asked if potential traffic from this activity would affect the neighboring residences. Mr. Gould indicated that this use was not a high traffic generator. Mr. Rosenblatt moved that the Board approve the Conditional Use request to use a portion of the existing building at 80 Farm Road as an auto repair shop – Bren Rich Corporation, applicant. Mr. Theeman seconded the motion which carried by a vote of 6 to 0. Mr. Theeman moved to approve the Site Development Plan at 80 Farm Road for Bren Rich Corporation, applicant. Mr. Barnes seconded the motion, which also carried by a vote of 6 to 0. Item No. 2: Amending Land Development Code, Chapter 165, Section 165-13, Definitions - deleting the definitions of nightclub, dance hall or disco and adding definitions for bar, tavern or lounge, and eating and drinking establishments. – City of Bangor, applicant. C.O. # 09-143. Chairman Brown opened the Public Hearing and asked for a presentation. City Solicitor Norman Heitmann provided an overview of the proposed Land Development Code Amendment. Mr. Heitmann indicated that this is an amendment to a previous one that was before the Planning Board and adopted by the City Council in February 2009 that dealt with the definitions of Night Club, Dancehall, or Disco. Also, there was an amendment that reduced the number of patrons from 300 to 80. At the time that the Planning Board considered this, Board Members were concerned that the amendment did not clearly distinguish between large restaurants and late night bars. Board Members were also concerned how the amendment would affect places of assembly not intended to be regulated. Mr. Heitmann explained that after the amendments were adopted by the 3 City Council Staff, revisited the language to address the Board’s concerns. This amendment attempts to draw a distinction between restaurants and other establishments that serve alcohol from establishments whose primary business is just serving alcohol. No one spoke either in favor of or in opposition to the proposed zoning amendment. Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer David Gould noted that it was not the original intent to regulate other assembly spaces. By defining bar, tavern and lounge, and eating and drinking establishments the amendment clarifies some existing confusion and allows us to apply the specific hours of operation to bars. Staff recommended that the Board recommend approval of C.O. # 09-143. Mr. Theeman moved that the Board recommend approval to the City Council of the Zoning Amendment contained in C.O. # 09-143. Mr. Miller seconded the motion. The Board voted six in favor and none opposed to recommend the proposed language to the City Council as contained in C.O. # 09-143. Item No. 3: Amending Land Development Code, Chapter 165, Section 165-92D and Section 165-93D – Urban Service District and Downtown Development District – replacing the terms nightclub, dance hall or disco with bar, tavern or lounge – City of Bangor, applicant. C.O. # 09-144. The Public Hearing was opened by Chairman Brown. City Solicitor Norman Heitmann provided an overview of the proposed Land Development Code Amendment. Mr. Heitmann indicated that this amendment is to update the conditional use standards that apply to bars, taverns, and lounges and other similar establishments in the Downtown Development District and the Urban Service District. Mr. Heitmann discussed the proposed closing hours indicating that the State requires that places that serve alcohol are required to close at 1:00 a.m. except on News Year Eve when they are allowed to stay open until 2:00 a.m. The amendment allows for an extra one-half hour for patrons to leave the premises to avoid any violations. No one spoke either in favor of or in opposition to the proposed zoning amendment. Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer David Gould indicated that this amendment to the conditional use standards in Downtown Development and Urban Service Districts would provide specific standards (hours) for bars, taverns and lounges, and other similar establishments in those districts. Staff recommended that the Board recommend approval of this clarifying amendment as contained in C.O. # 09-144. Mr. Rosenblatt moved that the Board recommend approval to the City Council of the Zoning Amendment contained in C.O. # 09-144. Mr. Barnes seconded the motion. The Board voted six in favor and none opposed to recommend the proposed language to the City Council as contained in C.O. # 09-144. 4 NEW BUSINESS Item No. 4: Site Development Plan approval to replace the existing Columbia Street Parking Deck located at 58 Hammond Street in a Downtown Development District with a new structure containing approximately 36,000 sq. ft. City of Bangor, applicant. Mr. John McCormack, CES Inc., indicated that he was part of the design team to replace the Columbia Street Parking Deck. He noted that Mr. Bob Greene with Cianbro, Mr. Sal Capobianco with Capobianco Associates and Mr. Dave Merritt were also present in support of the application. Mr. McCormack indicated that this project received approval by the City Council’s Business and Economic Development Committee, as well as, from the Historic Preservation Commission. Mr. McCormack indicated that the present garage is deteriorated and this is a proposal to replace it with a pre-cast concrete garage. The new drainage design will direct the drainage to the middle of the garage and down into the drainage system. New lighting is also proposed. Mr. Sal Capobianco indicated that they propose to start the project the middle of June, and the pre-cast concrete is estimated to be delivered starting in mid August. The City will be working with those who park in the existing garage to relocate them until completion. Mr. Dave Merritt discussed proposed elevation drawings from various angles to the site. He noted that the façade will be brick very similar to that of the Parking Garage at Eastern Maine Medical Center. He noted that they intend to keep the existing concrete foundation walls. Mr. Rosenblatt asked about the proposed lighting. Mr. Capobianco indicated that the lighting proposed meets the guidelines for parking garages and again the lighting would be very similar to that of the hospital’s parking garage. Mr. Damon asked what the projected life span of the garage would be. Mr. Copobianco indicated that with proper maintenance it would have a projected life span of 50 years. Mr. Miller asked how they propose to take care of icing problems in the winter. Mr. Capobianco explained that it is designed with a pitch which does not leave the water a place to pond and in turn will not build up ice. No one spoke in opposition. Chairman Brown asked for Staff comments. Planning Officer Gould indicated that this is a request for Site Development Plan approval to replace the existing Columbia Street Parking Deck with a new 36,000 sq. ft. structure. Parking Structures in a Downtown Development District do not have setback requirements, can be built up four levels, do not need bufferyards, and can cover 100 percent of the lot. There will not be an increase in impervious area as the structure will not be expanded beyond the existing footprint. Vehicle access will be the same as it is with the lower level being accessed from Hammond Street and the upper level from Columbia Street. The site plan as submitted meets the standards for approval contained in Section 165-114, A through J. 5 Mr. Gould indicated that Columbia Street is a one-way street and Staff would recommend approval with a condition that signage be installed indicating left turns only onto Columbia Street. Chairman Brown asked for a motion. Mr. Theeman moved to approve the Site Development Plan for construction of a 36,000 sq. ft. parking garage at 58 Hammond Street for the City of Bangor with the condition that there be no right turns on Columbia Street. Mr. Barnes seconded the motion. The Board voted six in favor and none opposed. APPROVAL OF MINUTES Item No. 5: Planning Board Approval of Minutes Chairman Brown indicated that the Minutes of the May 5, 2009 Planning Board Meeting were in order. Mr. Rosenblatt moved to approve the Minutes of the May 5, 2009 Planning Board Meeting. Mr. Theeman seconded the motion, which passed 6 to 0. Other Business The Board discussed alternative meeting dates and times for the months of July and August. Mr. Gould pointed out that the Board’s meeting schedule is published the prior December and in order to change dates and times advance notice would need to be given. There being no further items for discussion, the meeting was adjourned at 7:55 p.m.