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HomeMy WebLinkAbout2009-10-20 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF OCTOBER 20, 2009 MINUTES Board Members Present: Allie Brown, Chairman Jeff Barnes Paul Bolin, Alternate Member Doug Damon John Miller Nathaniel Rosenblatt Andy Sturgeon Miles Theeman City Staff Present: David Gould Jim Ring Bud Knickerbocker Peter Witham Lynn Johnson Chairman Brown called the meeting to order at 7:00 p.m. PUBLIC HEARINGS Item No. 1: To amend the Land Development Code by changing two parcels of land located at 620 Odlin Road from Industry and Service District to Urban Industry District. Said parcels containing approximately 1.25 acres. Wayne A. LeBreton, d/b/a United Electrical Systems, applicant. C.O. # 09-312. Chairman Brown opened the Public Hearing. Mr. Vinal Applebee of Applebee Engineering represented the applicant, Wayne LeBreton, who was also present at the meeting. Mr. Applebee explained that the applicant is requesting a zone change for a 1.25 acre parcel located at 620 Odlin Road from Industry and Service District to Urban Industry District. He indicated that the zoning west of this parcel is Urban Industry District. The change in zoning will open up other opportunities for reuse of the building such as light retail or business office uses. The applicant, if the zoning is changed, proposes to relocate his electrical business to the site. No one spoke 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 Zone 2 Change from Industry and Service District to Urban Industry District for a 1.25 acre parcel located at 620 Odlin Road. Mr. Gould gave a history of the zoning in this area noting that originally this area was residential, but for many years has been industrial. Over time many of the residences have converted to commercial or industrial uses. The Industry and Service District (I&S) is intended for new industrial park type uses and has a host of modern performance standards. Dowd Industrial Park in Industry and Service District is a good example. Next to Dowd Industrial Park is the Lane Construction Company’s rock quarry that is zoned Urban Industry District (UID). The lots between Odlin Road and Interstate I-95 are small and lack depth and therefore not well suited for larger industrial uses. The Comprehensive Plan’s Zoning Policy indicates the Urban Industry District that a broader list of permitted uses and less onerous development standards. Mr. Gould indicated that this zone change is consistent with the City’s Comprehensive Plan and Zoning and Land Use Policies and Staff recommended approval. Mr. Rosenblatt moved to recommend to the City Council that the zone change request at 620 Odlin Road from Industry and Service District to Urban Industry District for Wayne LeBreton as contained in C.O. # 09-312 be approved. Mr. Barnes seconded the motion which passed by a vote of 7 to 0. Item No. 2: To amend the Land Development Code by changing a parcel of land located at 521 Kenduskeag Avenue from Urban Residence One District to High Density Residential District. Said parcel containing approximately 3.44 acres. Julie B. Sites, applicant. C.O. # 09-311. Chairman Brown opened the Public Hearing. Mr. Fred Marshall with Plymouth Engineering and Ms. Julie Sites, the applicant, were present in support of this application. Mr. Marshall explained that the applicant is requesting a zone change from Urban Residence One District (URD-1) to High Density Residential District (HDR). He indicated that 75% of the property abutting this parcel is presently zoned for High Density Residential Use. He noted that the Urban Residence One zoning was the result of a zone change request by a previous owner to lower the property taxes on the property. He also indicated that he felt that it would make sense to change the zoning to close up a gap in this area of high density residential use abutting this parcel. Mr. Marshall indicated he felt the applicant’s property was indicated as a gray area in the Comprehensive Plan’s Zoning and Land Use Policy Maps. No one spoke 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 Zone Change from Urban Residence One District to High Density Residential District. The land around Husson College has seen dramatic changes since the mid 1970’s when numerous properties along and around Husson Avenue began to construct multi-unit apartment buildings. This parcel is surrounded on three sides by High Density Residential Zoning. However, the City’s Land Use and Zoning Policy maps indicate low density residential or Urban Residence One District use so there is some inconsistency between some zoning and the Comprehensive Plan’s Land Use Policy. In very general terms it has been the development policy to maintain very low density along the Kenduskeag Stream corridor and 3 Kenduskeag Avenue and concentrate higher density residential towards Broadway. This parcel falls at the boundary of the existing older developed portions of the City and the newer developing areas of the City. If the property were in a “developing area” the Low Density Residential District would allow greater flexibility in use of the property than Urban Residence One District. Based on the Comprehensive Plan, Staff could not recommend approval. Mr. Rosenblatt indicated that he could not support this zone change and asked what Staff would be willing to support. Planning Officer Gould indicated Staff would see two options that could be found consistent: 1) one to rezone the Kenduskeag Avenue frontage consistent with the its two abutting neighbors; or 2) to develop a contractual zone that would allow multi-unit structures at a density and character consistent with low density and adjacent structures. Board Members discussed the process for amending an application at this point. Mr. Gould indicated that any change would need to be submitted as a new request, abutters would need to be notified, the proposal would need to be advertised and that a new Public Hearing would need to be held. Also discussed was the existing zoning and uses abutting this parcel. Mr. Rosenblatt moved to recommend approval to the City Council of the zone change request from Urban Residence One District to High Density Residential District at 521 Kenduskeag Avenue for Julie Sites, applicant, as contained in C.O. # 09-311. Mr. Barnes seconded the motion. Ms. Julie Sites spoke and indicated that the abutting Lots 30 and 30B were approved for 7 units, the property on the other side of her property contains 28 residential units (Country Villa) and behind this parcel is the Bradford Commons apartment complex. This amounts to approximately 75% of the area surrounding her parcel as High Density Residential use. She told the Board that she felt that this zoning change was consistent. Chairman Brown asked for a vote on the motion. The Board voted 6 in favor of the motion and one opposed. Therefore, the motion passed. Item No. 3: Conditional Use/Site Development Plan approval to construct a 7,113 sq. ft. building for use as a medical office located at 913 Broadway in a Contract Government and Institutional Service District. D & Kay Real Estate LLC, applicant. The Public Hearing was opened by Chairman Brown. Mr. Scott Braley with Plymouth Engineering represented the applicant. Mr. Braley gave a brief history of the site noting that previously there had been an application for contract zoning and one for a fill and grade. The present applicant wishes to construct an eye doctor’s office on this site. At the time of the fill and grade application a prior owner applied for a Stormwater Permit with the Department of Environmental Protection. The applicant has applied to amend that Permit for this specific use and to transfer the actual Permit. Mr. Braley referred to the Staff 4 Memorandum noting that the information included was accurate and the applicant agreed with it. Mr. Rosenblatt asked what the lighting impact would be upon the residential area. Mr. Braley indicated that they submitted a lighting plan as part of their submittals which met the lighting standards of the Land Development Code. Mr. Theeman asked if the applicant needed to obtain a Traffic Permit. Mr. Braley indicated that traffic generation from this site (using estimates from the ITE Manual) would not exceed the threshold to require MDOT approval nor would total trips or any left-hand turns require a permit. Mr. Gould added that the proposed use would not generate enough trips to require the need for an MDOT Traffic Movement Permit. No one spoke either in favor of or in opposition to the proposal. Chairman Brown closed the Public Hearing and asked for Staff Comments. Planning Officer Gould indicated that the application before the Board is for Conditional Use and Site Development Plan approval for D & Kay, LLC to construct a medical office building at 913 Broadway in a Contract Government and Institutional Service District. Mr. Gould indicated that the condition of the contract rezoning was that if there was a building constructed on the site in excess of 4,500 sq. ft. that there would be no direct access to Broadway. The proposed building is 7,113 sq. ft. and the applicant is proposing access onto Hobart Street. The G & IS District allows for medical office use on a major street as a conditional use and Broadway is a major arterial. Because this abuts a residential area there are additional setback and buffer requirements and the applicant has complied with those. The proposed lighting is 25’ tall and is full cutoff which meets the Ordinance requirements. Mr. Gould indicated that this is a Conditional Use and it meets the four standard conditions for the granting of a conditional use as the district standards are met, it will not create any undue traffic congestion and there are property utilities, site improvements and fire prevention. The applicant has submitted architectural drawings to support the conditional use requirement that the building be architecturally compatible with the other uses within 500 feet. Mr. Gould indicated that all of the site development plan submittal requirements meet Ordinance requirements and Staff recommended approval. Mr. Damon asked if the abutting residences would be able to hear the air conditioning units. Mr. Gould indicated that there isn’t a noise standard to apply to this. Mr. Theeman noting the vegetation on the front side of the site asked what the applicant proposed for the back of the site. Mr. Braley indicated that the existing vegetation meets the Ordinance requirements. Chairman Brown then asked for a motion. Mr. Barnes moved to approve the Conditional Use request for D & Kay Real Estate LLC to construct a medical office building at 913 Broadway in a Contract Government and Institutional Service District. Mr. Damon seconded the motion. The Board voted 7 to 0 in favor. Mr. Barnes moved to grant Site Development Plan approval for the same project. Mr. Theeman seconded the motion, which also passed by a vote of 7 to 0. 5 Item No. 4: Final Subdivision Plan approval of a 21-lot cluster subdivision located on Grandview Avenue in a Low Density Residential District. Woods of Maine, Inc. Chairman Brown opened the Public Hearing. Attorney Joseph Ferris represented the applicant, Woods of Maine, Inc. He explained that this is the fourth subdivision plan the applicant has submitted. The first three failed to get approval. The applicant is now seeking Final Subdivision Plan approval. Mr. Ferris indicated that the applicant feels that they have met all submittal requirements and the Homeowner’s Association Documents have been submitted. Mr. Ferris noted that Mr. Don Becker, P.E. with CES, Inc.; the applicants and their brokers were also present in support of this application. Chairman Brown asked about the proposed easement between Lots 16 and 17. Mr. Don Becker indicated that this is retained land for a future right-of-way as part of the Darbro Subdivision (which abuts this property). They originally proposed it as a lot but discovered that they are not allowed to develop it. Also, there is an easement for drainage. Chairman Brown indicated that the applicant has worked hard to meet the Planning Board’s requests. She indicated that she was concerned about the drainageway possibly interfering with the driveways. Mr. Becker indicated that they proposed a culvert there and expect this area to be grassed and mowed. Mr. Theeman asked about the large portion of retained land and how this might be accessed for development. Mr. Becker indicated that the retained lands are for the wetlands. They have no intention to develop this as it is not practical to use. Chairman Brown asked for comments from other proponents. Mr. Rick Shaw indicated that he has been looking for affordable housing such as this. He liked this site because it is conveniently located and affordable and indicated that he was in favor of the development. As no one else spoke, Chairman Brown asked for comments from opponents. Mr. Alan Hunter, 20 Greenfield Avenue, spoke in opposition. He indicated that there were many inconsistencies with the first three submitted plans and he still was not happy with the final plan now with this development. He said that one should look beyond affordability and look at the durability of building a home here due to the very wet soils. Chairman Brown indicated that the Board has no power over construction. Mr. Hunter said that he was disappointed to see so many homes squashed together next to their development (Darbro Subdivision), this was a high density residential development next to a low density one; and that the lots are very small and not well distributed on this lot. Mr. Hunter felt that this was an in your face development, it was not a low-density development and it was not well distributed. Mr. Rosenblatt asked if Mr. Hunter could point to criteria that this subdivision does not meet. Mr. Hunter felt this did not meet the preamble statement for zoning. When he invested his money in his property he did so with the belief that the property next door would be developed for low density use. 6 Mr. Shaw indicated he didn’t feet that a smaller lot was an issue. He said that he trusted the engineers who designed the subdivision and he felt that the project would add tax dollars back into the City. There being no further comments, Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer Gould indicated that the Planning Office had received an e-mail from Tracy King, a neighboring property owner, in opposition to the new subdivision. She was concerned about the location and size of the lots. Planning Officer Gould indicated that this application is for final subdivision plan approval for Whispering Meadow, a 21-lot cluster subdivision located off of Grandview Avenue in a Low Density Residential District. The Low Density Residential District permits cluster subdivisions which require that the project contain a minimum of three acres; that 35% of the gross acreage be set aside as open space; and, that it provides public water and sewer service. This affords the opportunity to cluster buildings on smaller lots provided that they meet Ordinance standards. Also, it often is less costly to construct roadways and utilities. The proposed 35% of open space is in an upland area west of Arctic Brook. This development meets the cluster subdivision standards. In response to concerns expressed at the preliminary plan stage, a 4’ culvert will be in place to provide for a bridge crossing of Arctic Brook to provide access to the upland area; as requested by the Fire Department’s Fire Protection Bureau inspector, a note has been added to the plan indicating that buildings on the lots sharing the driveways will have residential sprinkler systems installed; a 50 foot wide riparian easement has been provided benefitting the City of Bangor along the stream to allow for preservation and access for future water quality improvements; and, a provision has been made for foundation drains for the parcels abutting the rear of the Labarca Lane lots. Staff recommended Final Plan approval with the conditions that the applicant submit a suitable improvement guarantee within 120 days of approval acceptable to the City Engineer and City Attorney and that the applicant provide executed copies of various easements and the Whispering Meadow Lot Owners’ Association documents relating to the development of the subdivision. Mr. Sturgeon moved that the Board grant Final Subdivision Plan approval to Woods of Maine, Inc. for a 21-lot cluster subdivision located on Grandview Avenue with the conditions that executed copies of all of the necessary easements and the Lot Owners’ Association documents relating to the subdivision be provided and that the applicant submit suitable improvement guarantees within 120 of approval acceptable to the City Engineer and City Attorney. Mr. Theeman seconded the motion, which carried by a vote of 7 to 0. 7 Item No. 5: Conditional Use approval for filling, grading or dredging activity and stream stabilization along the Penjajawoc Stream between Stillwater Avenue and Bangor Mall Boulevard in a Stream Protection District. Bangor Mall LLC and B&L Properties, applicants. Chairman Brown opened the Public Hearing. City Engineer Jim Ring spoke in favor and explained that as in several other projects in the Penjajawoc Stream Watershed, this project is being undertaken in cooperation with the City of Bangor and the Maine Department of Environmental Protection as part of the American Recovery and Reinvestment Act (ARRA) of 2009. This is a City project on private property. The City of Bangor is very much in support of this project. Mr. Ring indicated that as proposed it met with the approval of the Engineering Department. No one spoke either in favor of or in opposition. Chairman Brown closed the Public Hearing and asked for Planning Staff comments. Planning Officer Gould indicated that this project deals with stream stabilization along the Penjajawoc Stream between Stillwater Avenue and Bangor Mall Boulevard (behind The Good Will Store and the B & L Properties lot) in a Stream Protection District. Mr. Gould indicated that the project meets the conditional use requirements within the Stream Protection District and for Site Development Plan submittal. Staff recommended approval. Mr. Rosenblatt moved to approve the Conditional Use and Site Development Plan requests for Bangor Mall LLC, and B & L Properties for filling, grading or dredging activity and stream stabilization along the Penjajawoc Stream between Stillwater Avenue and Bangor Mall Boulevard. Mr. Barnes seconded the motion. The Board voted 7 to 0 in favor. NEW BUSINESS Item No. 6: Site Development Plan and Developmental Subdivision Plan approvals to renovate the existing building at 288 Union Street into 28 apartments in a Contract Multi-Family and Service District. Community Housing of Maine, applicant. Erin Cooperrider, Development Director of Community Housing of Maine explained that they are proposing to renovate the former Seminary dormitory building at 288 Union Street into 28-units of housing for seniors. They will be working with the Maine Veteran’s Administration in Togus, as well as, the Eastern Agency on Aging on this affordable housing complex which falls under the guidelines of the U.S. Housing and Urban Development Department. Mr. Barnes asked if there would be Section 8 rent subsidies. Ms. Cooperrider indicated that there would not. Mr. Damon asked what the income limit would be. Ms. Cooperrider indicated that the limit would be $25,000 and under. 8 Mr. Theeman indicated that he wished to commend those involved on the outstanding re-use of the Seminary property. Planning Officer Gould indicated that the redevelopment of the former Seminary property has gone well. At the time that the Staff Memorandum was written the only outstanding detail was that of parking and the applicant has submitted a parking easement that meets Ordinance standards so that issue is now moot. Staff reviewed the Site Development Plan and found that it meets all of the submittal requirements within the Land Development Code, as well as, the conditions of the contract zoning agreement. The Developmental Subdivision Plan submitted also meets all submittal requirements. The City Engineer has reviewed the plans and has found them to be acceptable and Staff recommended approval. Chairman Brown indicated that she is employed by the Learning Center which is a program operated by the Mason’s (abutting property owner and owner of the common parking area) and asked the Board Members if they felt that she had a conflict of interest. It was the consensus of the Board that Chairman Brown did not have a conflict of interest. Mr. Barnes indicated that one in four Veterans are homeless and this project is very much needed. Mr. Rosenblatt moved to grant Site Development Plan approval for Community Housing of Maine at 288 Union Street to renovate the existing building into 28 apartments in a contract Multi-Family and Service District. Mr. Theeman seconded the motion which carried 7 to 0. Mr. Rosenblatt then moved to approve the Developmental Subdivision Plan for the same project. Mr. Theeman seconded the motion, which also carried by a vote of 7 to 0. Item No. 7: Developmental Subdivision Plan approval of a 55-unit housing development located at 315 Harlow Street in a Multi-Family and Service District and a Contract Multi-Family and Service District. Volunteers of America of Northern New England, applicant. Mr. Jeff Aceto, P.E. with Sitelines, representing the applicant Volunteers of America of Northern New England explained that the applicant is requesting Developmental Subdivision Plan approval for their project to construct a 55-unit housing development at 315 Harlow Street. Mr. Aceto explained that the applicant was granted Site Development Plan approval in 2007 and this Developmental Subdivision Plan is the same plan that was approved in 2007. Planning Officer Gould explained that under State Subdivision Laws three or more dwelling units in a building constitute a Subdivision. No lots are actually created. The required submittals are the same as those required for Site Development Plan approval. Staff recommended developmental subdivision plan approval for Volunteers of America of Northern New England. 9 Mr. Rosenblatt moved to approve the Developmental Subdivision Plan for Volunteers of America Northern New England of a 55-unit housing development at 315 Harlow Street. Mr. Miller seconded the motion. The Board voted 7 to 0 in favor of the motion. APPROVAL OF MINUTES Item No. 8: Planning Board Approval of Minutes. Chairman Brown asked for a motion on the Minutes of the October 6, 2009 Meeting. Mr. Theeman moved to approve the Minutes of the October 6, 2009 Meeting. Mr. Barnes seconded the motion. The Board voted 7 to 0 in favor. Other Business The Board discussed the upcoming Bus Tour to be held on Saturday, October 24, 2009 beginning at 9:00 a.m. As there was no further business, the meeting adjourned at 8:33 p.m.