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HomeMy WebLinkAbout2008-04-01 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF APRIL 1, 2008 MINUTES Board Members Present: Allie Brown, Chairman Jeff Barnes David Clark Doug Damon Laura Mitchell Miles Theeman Nathaniel Rosenblatt City Staff Present: David Gould Jim Ring Paul Nicklas Peter Witham Bud Knickerbocker News Media Present: Bangor Daily News Chairman Brown called the meeting to order at 7:00 p.m. CONSENT AGENDA As no one wished to remove the item for discussion, Chairman Brown asked for a motion. Mr. Theeman moved to approve the Consent Agenda. Mr. Rosenblatt seconded the motion which passed by a vote of 7 to 0. The Item approved is as follows: Item No. 1: Site Development Plan approval to construct a 10,992 sq. ft. building at 15V BanAir Road in an Urban Industry District. Lead Mountain Properties, applicant. 2 PUBLIC HEARINGS Item No. 2: To amend the Land Development Code by changing a parcel of land located at 24 Larkin Street from General Commercial and Service District to Neighborhood Service District. Said parcel containing approximately .55 acres. Bill Masters, applicant. C.O. # 08-126. Chairman Brown opened the Public Hearing. Member Damon advised the Board that he has the property directly behind this property listed for sale and asked if the Board felt that he should be recused from consideration of this item. Mr. Theeman moved that Mr. Damon has a conflict of interest and should recuse himself. Mr. Rosenblatt seconded the motion which was passed by a vote of 6 to 0. Chairman Brown then asked the applicant to make a presentation. Mr. Bill Masters, the applicant, indicated that he wanted to redevelop this historic building for mixed residential and commercial uses (approximately 10 dwelling units and 5 office suites). Mr. Masters noted there currently is parking on the property but he might want to rearrange some to create a landscaped front yard. Chairman Brown then asked for comments from proponents or opponents. Mr. Gerry King, 55 Lincoln Street, (the house was immediately behind this property) was very concerned about adding parking to the rear of the property. The conversion of the former car wash to a bar has created numerous problems for his residential property. Mr. Joe Quinn indicated that Mr. Masters has a good track record in doing projects well. Planning Officer David Gould indicated that the proposed rezoning was intended to allow mixed use at the property. Presently the General Commercial and Service Zoning District (GC&S) allows for heavy commercial uses with outdoor storage such as automobile sales and equipment rental. Mr. Gould noted the Neighborhood Service District limits the amount of commercial floor area and does not allow alcohol to be served on the premises. Mr. Gould noted the change would appear a better zone for the neighborhood than GC&S. Mr. Gould noted that the second legal notice did not get published by the Bangor Daily News. While the City sends out written notice to all abutters and a sign is posted on the property there are two notices that are published in the local newspaper. Unfortunately, the second notice did not get published which the Board should be aware of. Mr. Gould noted one issue is the timing of the applicant’s purchase and sales agreement that is time sensitive. It will be a few weeks before the Council meets so there is time to publish another legal ad, wait seven days and have a continued hearing. The Board asked what protections were in place to protect adjacent residential property. Mr. Gould noted if changes were made to the exterior of the site it would need to return for site plan review. The Land Development Code requires transition yards between commercial and residential properties and parking buffers between parking lots and adjacent 3 properties. The Board discussed the legal ramifications of proceeding without a second notice and many Members indicated their support for the proposed project. The Board voted 6 to 0 in favor of a motion to continue the Public Hearing until April 10, 2008 at 4:00 p.m. after the second notice can be published consistent with the State guidelines. OLD BUSINESS Item No. 3: Preliminary Subdivision Plan approval for a 6-lot residential subdivision at 1528V Ohio Street in a Low Density Residential District. Woods of Maine, Inc., applicant. Chairman Brown indicated that this item was continued from the March 18, 2008 meeting. Mr. Don Becker, representing the applicant, noted the recent site visit and asked the Board to approve this Preliminary Plan with some guidance for the applicant as to what they would like to see on the plan prior to submission for final plan approval. Referring to some of the issues that came up at the last meeting, Mr. Becker explained that there is interest in serving these lots from the rear with utilities which would make the sidewalk along Ohio Street that connects to no sidewalk impractical. Mr. Becker indicated that the applicant would prefer not to put sidewalks on Ohio Street because there is ledge in that area and they would like to avoid blasting. Mr. Rosenblatt asked about the issue of sight distances. Mr. Jim Ring indicated that he raised this issue for the proposed driveway between Lots 1 and 2 (closest to the Church and Davis Road). The posted speed limit is 35 mph and the required site distance (an MDOT standard) is 305 feet. Mr. Ring did not believe that there was 305 feet of distance here and there was not adequate site distance for those first two lots. Mr. Ring indicated that there is adequate site distance for the other two driveways (Lots 3 and 4 and Lots 5 and 6). Chairman Brown asked for comments from proponents and opponents. Mr. Randy Gardner an abutting landowner on Davis Road did not feel there was any reason why this project shouldn’t move forward at this time as it is the best use of this property. As no one else spoke, Chairman Brown closed the Public Hearing. Mr. Rosenblatt had concerns about the sight distance issue. He indicated that he would not vote in favor of the preliminary plan as he felt that there needed to be further work done on this. Mr. Damon asked if there were traffic issues with the nearby church. Mr. Ring indicated that he was not aware of any. He noted that the church is located at the crest of the hill. Mr. Damon indicated that because the driveway is proposed to be elevated he did not think that this would be a problem. Ms. Mitchell had concerns about the sight distance issue, pedestrian and access issues, and access and configuration of the open space. She indicated that she would vote against this. Mr. Barnes, after going on the site visit, felt that it was adequate as proposed. Chairman Brown indicated that she was not comfortable with 4 the first driveway either but because this is a preliminary plan the applicant will need to come back and address these issues. Mr. Becker indicated that the applicant would like to propose a fee in lieu of the open space in the final plan stage. He asked that the Board give the applicant preliminary approval based on the presumption that those lots either won’t exist (Lots 1 and 2) or they would be served from the rear with an easement. They applicant would prefer not to build sidewalks because they will be very difficult to construct as there is a large rock they would like to avoid removing and there is no open space to have to get to. Ms. Mitchell felt that the applicant is proposed dramatic changes from what is before the Board and she was not comfortable approving something that is so vastly different on the hope that the Board will get something different later. She indicated that she would feel more comfortable with a new preliminary plan. Mr. Rosenblatt and Mr. Theeman agreed. Mr. Barnes felt that because this is a preliminary approval that the Board could reach an accord. Mr. Becker explained that they are not proposing to change the location of anything only that Lots 1 and 2 would no longer be part of the approval, the open space will disappear, and if the Board wants sidewalks they could be a condition of approval. Mr. Rosenblatt indicated that he would support cash in lieu. Mr. Clark indicated that he would support approving the preliminary plan with the appropriate conditions which specified the Board’s concerns. Mr. Theeman indicated that he could not support this plan if it did not include sidewalks. After considerable discussion, Chairman Brown asked for a motion. Mr. Rosenblatt moved that the Board grant Preliminary Subdivision Plan approval for a variation of the proposed subdivision at 1528V Ohio Street, Woods of Maine, Inc. applicant, on the following three conditions. 1) that Lots 1 and 2 be removed from the subdivision so that there will only be four remaining lots, the ones that are currently numbered 3, 4, 5, & 6; 2) that in lieu of actual open space the City receive cash in lieu; and 3) that a sidewalk be added along Ohio Street. Mr. Theeman seconded the motion. The Board voted six in favor and one opposed to the motion. NEW BUSINESS Item No. 4: Site Development Plan and Site Location of Development Modification approvals for construction of a 3,341 sq. ft. expansion of the existing Four Points Sheraton Hotel located at Bangor International Airport in an Airport Development District. New Castle Hotel Corporation, applicant. Chairman Brown asked for a presentation by the applicant. Mr. Paul Brody, WBRC Architects/Engineers, representing the applicant explained that this application is for approvals for a 3,341 sq. ft. expansion of the existing Four Points Sheraton Hotel located at the Airport. The applicant proposes to enclose the bottom floor of the hotel to add a 5 swimming pool, workout area, and a meeting space. In addition, the applicant is proposing to turn the meeting space on the top floor into guest rooms, and create a slight expansion of the seating in the hotel restaurant. Eight additional parking spaces are being proposed to accommodate the additional square footage, as well as, a new access that meets ADA requirements. Board Members had questions regarding the existing entrance and if the proposed propane tanks met requirements. Mr. Brody explained that the entrance would not change and the tanks met all requirements. Planning Officer Gould indicated that the applicant is requesting Site Development Plan and Site Location of Development Modification approvals for construction of a 3,341 sq. ft. expansion to the Four Points Sheraton at the Airport in an Airport Development District. This project consists mostly of modifications to the interior portion of hotel and will have a minor impact. Staff feels that all of the details are in order and recommended approval of both applications. Mr. Rosenblatt moved that the Board grant Site Development Plan approval for the proposed expansion of the existing Four Points Sheraton Hotel at Bangor International Airport, New Castle Hotel Corporation, applicant. Ms. Mitchell seconded the motion which passed by a vote of 7 in favor and 0 opposed. Mr. Rosenblatt moved that the Board grant Site Location of Development Modification approval with respect to the proposed expansion of the Four Points Sheraton Hotel at Bangor International Airport, New Castle Hotel Corporation, applicant. Ms. Mitchell seconded the motion which carried unanimously. Item No. 5: Site Development Plan approval to construct a three-unit residential building and a four-unit residential building at 543 Kenduskeag Avenue in a High Density Residential District. Ralph McPherson, applicant. Chairman Brown asked for a presentation by the applicant. Ms. Shelly Lizotte, of Ames Architects and Engineers, represented the applicant, Mr. McPherson who is proposing to build two, new structures containing seven units and along with the existing house there will be a total of 8 units. The two new buildings will be served by City sewer and water. One building will have four two-car garages underneath the building and the other building will have three single-car garages on the first floor. The applicant proposes 16 parking spaces. In addition to the two new buildings, the applicant plans to build an attached two-car garage to the existing residence. She indicated that they submitted revised site plans to address Staff’s concerns. Mr. Theeman asked what the plans were for the existing house. Ms. Lizotte indicated that it is to remain as a single-family residence. Mr. Rosenblatt had questions about the minimum lot size and the total number of units for this development. Mr. Gould explained that the Ordinance allows building multiple buildings on a single parcel. What controls this is the density standard. 6 Ms. Mitchell asked if the concerns expressed by Staff in the Staff Memorandum had been addressed. Mr. Gould indicated that they have been except for more information on the details of the lighting fixtures and that these could be provided later. Ms. Mitchell asked if information regarding sight distances was provided. Mr. Gould indicated that the applicant’s engineer did an evaluation of sight distances. This information was provided to the City Engineer. They also provided additional stormwater information for review. Mr. Jim Ring, City Engineer, indicated that he had requested more information regarding the sight distance and stormwater. Mr. Ring said that in this case the sight distance is approximately 350 feet which is in excess of what would be required for the established travel speed along Kenduskeag Avenue. With respect to the stormwater, there is a small increase but because this is a relatively small site it does not trigger any stormwater regulations. Mr. Rosenblatt moved that the Board grant Site Development Plan Approval for the proposed development at 543 Kenduskeag Avenue, Ralph McPherson, applicant, on the condition that the applicant provide details regarding lighting fixtures in a fashion satisfactory to Staff. Mr. Damon seconded the motion. The motion carried unanimously. Item No. 6: Site Development Plan approval to revise the existing parking lot layout and construct a new entrance at 877 Stillwater Avenue in a Shopping and Personal Service District. Palace Realty, LLC, applicant. Attorney P. Andrew Hamilton, representing the applicant, explained that both of the next two projects relate to site access drives onto property. They are associated with the final build out of several large projects on Stillwater Avenue. This item is the Lambs Bookstore site which is immediately across from the location where the Wal-Mart will be constructed. Presently this site is accessed by an access drive on the in-town side of the site. The proposed location of the new driveway is directly across from the driveway for the new Wal-Mart. This is a requirement of the MDOT Traffic Movement permit issued to the Wal- Mart Project. Under that permit Wal-Mart is required to align the access of this site with their entrance. The existing access will be configured as a right-hand turn only access. Mr. Hamilton indicated that Royce Cross and Alice Dyer of Palace Realty LLC, and Jodi O’Neil and Mike Waugh from the James W. Sewall Company were present in support of this application. Mr. Theeman asked if it would be better to only have one access rather than keeping the existing access open even though it is a right-hand turn only. Mr. Mike Waugh explained that they did not feel that the existing access will cause problems because it is going to be configured as a right in, right out. The access will be chanelized and there are no conflicting movements from that drive with the traffic on Stillwater Avenue. Mr. Theeman asked what the distance was between the two accesses. Mr. Waugh indicated that it is approximately 180 feet. Ms. Mitchell asked if it would remove a significant amount of impervious area if the driveway were removed and planted. Mr. Hamilton explained that most of the additional pavement is associated with the additional lane that had to be added around the back of the 7 building. Now, traffic circulation comes from the lower access drive and there is only a loading zone and trucks move behind the building. Mr. Hamilton indicated that the Staff memo notes that the additional impervious surface is more than off-set by the stormwater management measures that are proposed for this site. Ms. Jodi O’Neal indicated that they tried to collect all of the impervious area possible to treat and take care of any new impervious area. Mr. Rosenblatt asked about Staff’s suggestion that there be as a condition of approval that all of the off-site improvements be in place before this entrance is utilized. Mr. Gould explained that it is Staff’s feeling that this entrance not be operational until all of the other elements of that roadway project for the Wal-Mart intersection be in place because this site plan is a result of the Wal-Mart project. Mr. Theeman asked if the Wal-Mart development is further postponed if the applicant would be committed to build this driveway with no assurance that it could ever be used. Mr. Waugh indicated that the applicant is proposing to subcontract the construction of this driveway to the Wal-Mart contractor so that they would be built in conjunction with each other. If the Wal-Mart project doesn’t get built, this drive doesn’t get built. Planning Officer Gould indicated that when the Wal-Mart project was reviewed a footnote was added that other accesses across the street be looked at. In this instance Staff was happy that the applicant took the additional step to deal with stormwater quality even though they did not need to do this. Mr. Gould indicated that all of the Staff’s concerns have been addressed and Staff would recommend approval with the condition that the proposed driveway not be utilized until all of the other elements of those off-site traffic improvements for the Wal-Mart project are in place. Mr. Rosenblatt asked if the new stormwater measures would be less taxing on the Penjajawoc Stream. Mr. Ring indicated that it would be. There being no further discussion, Chairman Brown asked for a motion. Mr. Rosenblatt moved that the Board grant Site Development Plan approval for the proposed revision to the parking lot layout and entrance at 877 Stillwater Avenue, Palace Realty, LLC, Inc. on the condition that the new entrance drive not be utilized until all of the interrelated supporting traffic improvements are in place. Mr. Theeman seconded the motion. The motion carried unanimously. Item No. 7: Site Development Plan approval to revise the existing parking lot layout and construct a new entrance onto Drew Lane at 444 Stillwater Avenue in Contract Shopping and Personal Service Districts. Stillwater Avenue, LLC, applicant. Attorney P. Andrew Hamilton, representing the applicant, explained that this project relates to the fact that currently vehicles turning into what used to be the former USDA building have to take a left-turn in across traffic coming inbound on Stillwater Avenue which is a very difficult traffic maneuver. Mike Waugh provided information to the Engineering Dept. regarding both the performance of the current entrance, as well as, the performance of 8 the proposed entrance on Drew Lane. Mr. Hamilton explained that the applicant is proposing to make the existing principal access on Stillwater Avenue into a right-in, right-out only entrance and to add a principal access onto Drew Lane. Mr. Hamilton noted that they held a neighborhood meeting at Acadia Hospital on Feb. 21, 2008. At that meeting there were 7 or 8 neighbors who came and spoke. Many of their questions related to the effectiveness of the traffic light at the intersection of Drew Lane and Stillwater Avenue and to the traffic patterns. th. The applicant also had a meeting with the Marsh Mall Commission on March 7 He explained that while this parcel is outside of the Penjajawoc watershed it does come within the jurisdiction of the Commission. At that meeting they presented the site plan and received unanimous approval from the Commission. Mr. Hamilton noted that there have been numerous meetings with staff to work through the traffic safety and mitigation considerations. The site was not developed in accordance with the original site plan approval and this applicant has attempted, through this site design, to fix the issues that needed to be addressed. Mike Waugh and Merideth Kirkman were also present to answer questions. Mr. Rosenblatt asked how many people were invited to the neighborhood meeting. Mr. Hamilton indicated that the list included residents of Drew Lane, Jennifer Lane and one other residential street. He said that he did not recall hearing anyone at the neighborhood meeting indicate that there was a lack of notice. Those not able to attend were invited to call the Cross Agency with their questions. Mr. Rosenblatt asked what the traffic count was for the traffic being diverted from one location to another. Mr. Waugh indicated that they did counts as an existing case and as a worst case. He discussed the various counts which included the build out of Shaw’s and Wal-Mart. At the traffic signal it is presently at a Level of Service B and with reassignment they still come out with a Level of Service B. Mr. Theeman indicated that he felt that taking advantage of the traffic light would significantly help access to and egress from this building. Planning Officer Gould indicated that this is a request for Site Development Plan approval to look at a new entrance driveway to this site at 444 Stillwater Avenue. Back in the 1980’s when this site was first developed it was recommended that the access to the site be from Stillwater Avenue. At the time that the Parkade development was developed, a signal was installed at Drew Lane and Stillwater Avenue and most of the neighborhood really appreciated the ability to get in and out of Drew Lane. This applicant came to the City because they were having a hard time getting in and out of this site and asked the City to rethink its position on access to Drew Lane. Staff felt that what made this an equitable trade off was the concept of off-site improvements to provide a pedestrian link to Stillwater Avenue. This project, if approved, will provide a pedestrian sidewalk that will run from Garden Way all the way to Stillwater Avenue. In an attempt to add to the capacity of Drew Lane, the concept of the right hand turn lane to be added to the roadway came about. While the traffic analysis shows that it won’t make much difference on the level of service on Drew Lane, it will make a tremendous difference exiting and entering this site. Mr. Gould indicated that Staff has worked with the applicant to bring the site into conformance with the contract zoning conditions for buffers, arrangement of the parking lot, and setbacks. Staff felt that the plan is in order but pointed out that the detailed off-site improvements are things that 9 will take some more refining and those construction plans should be provided to the City Engineer’s Office prior to being built because they will eventually become public off-site improvements. As there was no further discussion, Chairman Brown asked for a motion. Mr. Rosenblatt moved that the Board grant Site Development Plan approval with respect to the proposed revision to the parking lot layout and new entrance onto Drew Lane at 444 Stillwater Avenue, Stillwater Avenue LLC, applicant, on the condition that the applicant provide the City Engineer’s Office with detailed construction plans for work that will occur within the public right-of-way. Ms. Mitchell seconded the motion. The motion carried by a vote of 7 to 0. APPROVAL OF MINUTES Item No. 8: Planning Board Approval of Minutes. Chairman Brown noted that the Minutes of the recent Site Visit were in order for approval. The Minutes were unanimously approved as printed. There being no further items for discussion, the meeting was adjourned at 9:30 p.m.