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.