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HomeMy WebLinkAbout2008-07-15 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JULY 15, 2008 MINUTES Board Members Present: Allie Brown, Chairman David Clark Laura Mitchell Jeff Barnes Doug Damon City Staff Present: David Gould James Ring Bud Knickerbocker Lynn Johnson 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. Barnes moved to approve the Consent Agenda. The motion was seconded by Ms. Mitchell and it passed by a vote of 5 to 0. The item approved is as follows: Item No. 1: Site Development Plan approval for a Planned Group Development of the existing development comprising the Bangor Motor Inn and Banquet and Conference Center located at 701 Hogan Road in a General Commercial and Service District. Bangor Motor Inn, applicant. PUBLIC HEARINGS Item No. 2: To amend the Land Development Code by changing a parcel of land located at 40 Target Industrial Circle from General Commercial and Service District to Industry and Service District. Said parcel containing approximately two acres. A. C. Real Estate LLC, applicant. C.O. # 08-241. 2 Chairman Brown opened the Public Hearing and asked for a presentation by the applicant. Mr. Ken Lamoreaux, of Sheridan Corporation representing the applicant, explained that A.C. Real Estate LLC, is requesting this zone change in order to expand its operation at 40 Target Industrial Circle. Mr. Lamoreaux indicated that at the time when they first discussed this proposal with staff it was pointed out that in the present General Commercial and Service District they would not be able to do so because of development limitations within that zone. Staff suggested that a change in zoning to Industry and Service would allow them to expand. Mr. Lamoreaux asked that the Board recommend approval of this zone change request. As no one spoke either in favor of or in opposition to this zone change request, Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer Gould indicated that this zone change request for a two acre parcel located at 40 Target Industrial Circle is from General Commercial and Service District to Industry and Service District. Mr. Gould explained the history of the zoning on this parcel which is located in the Target Industrial Park noting that the lots within this subdivision fronting along Hammond Street were originally zoned as General Commercial and Service District to allow businesses to conduct retail sales. The lots in behind were zoned for more intensive industrial uses. Mr. Gould explained that A.C. Electric rebuilds large electric motors and is a true industrial use which is better suited in an Industry and Service District than a General Commercial and Service District. Staff feels that this request is consistent with the City’s Comprehensive Plan and Zoning Policy for this area and recommended that the Planning Board recommend approval to the City Council. Ms. Mitchell moved that the Board recommend approval of the zone change request by A.C. Real Estate LLC to change the parcel of land located at 40 Target Industrial Circle from General Commercial and Service District to Industry and Service District as contained in C.O. # 08-241 to the City Council. The motion was seconded by Mr. Barnes, and it passed by a vote of five in favor and none opposed. Item No. 3: To amend the Land Development Code by changing a parcel of land located at 891 Broadway from Low Density Residential District to Government and Institutional Service District. Said parcel containing approximately 1.9 acres. Husson College, applicant. C.O. #08-242. Chairman Brown opened the Public Hearing and asked for a presentation. Mr. Thom Johnston, College Counsel for Husson College, indicated that the College is requesting a zone change for a parcel of land located at 891 Broadway from Low Density Residential District to Government and Institutional Service District for use as office space. Husson College has recently acquired this residence and wishes to reuse it for office space. Mr. Johnston indicated that the surrounding properties included the WZON radio station, St. Joseph Hospital’s medical complex, Bangor High School and a church parsonage. This property shares Chapin Street with one other residential dwelling. Mr. Johnston indicated that this request is consistent with other neighboring uses and with the 2005 Comprehensive Plan Update. 3 Board Members had questions regarding access to this site, the status of Chapin Street, and the number of employees that would be using the site. Mr. Johnston indicated that the applicant would need to come back before the Board for Site Development Plan approval and those issues would be addressed at that time. As no one spoke either in favor of or in opposition to the requested zone change, Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer David Gould indicated that the applicant is requesting a zone change from Low Density Residential to Government and Institutional Service District for approximately a 2 acre parcel located at 891 Broadway. Currently the site has a large single-family house with a barn. It has an access onto Chapin Street which is a City street that has two residences along it. Mr. Gould provided the Board with a brief history of the City land use policy along this stretch of Broadway noting that while in previous years there has been a commercial push out Broadway, this existing small strip of residential zoning is not likely viable. Mr. Gould explained that the Land Use Policy for this area is for institutional use because of the high concentration of those uses: Husson College, St. Joseph Hospital Medical building, and Bangor High School. The 2005 Comprehensive Plan Update calls for institutional use as well. Mr. Gould indicated that Staff recommended that the Board recommend approval of this zone change request to the City Council. Mr. Clark moved that the Board recommend to the City Council that the zone change request for Husson College at 891 Broadway from Low Density Residential Use to Government and Institutional Service Use, as contained in C.O. # 08-242, be approved. Ms. Mitchell seconded the motion which passed by a vote of 5 to 0. Item No. 4: To amend the Land Development Code – Chapter 165-113 D. (3) Land Development Permit approval to ensure that developments comply with requirements of the Land Development Code even where they may conflict with approved Site Plans. City of Bangor, applicant. C.O. # 08-235. Chairman Brown opened the Public Hearing. Planning Officer Gould explained that it was his understanding that this amendment would add additional language to Section 165- 113 to try and clarify that Site Development Plan approvals do not alter or abrogate special requirements under the Land Development Code. Planning Staff has reservations regarding this amendment because approvals granted by the Planning Board have no authority to override or lessen any of the standards within the Land Development Code. The Board approves plans under the Chapter 165-114 A-J. The Land Development Code standards already apply. The Board does not have the ability to reduce specific ordinance standards or arbitrarily increase ordinance requirements. The Board discussed the proposed amendment and its affect upon approvals and whether or not it actually would clarify and language or if it would make the language more confusing. 4 Ms. Mitchell asked if there was a specific issue that prompted this amendment. Planning Officer Gould indicated that there are some recent projects where there has been confusion as to the interpretation of the lighting height standard. The standards provide that no light be taller than 25 feet. There have been plans submitted and approved that have not included specific light base information. These bases may be 2 to 3 feet above grade and when added to the 25 foot pole it exceeds the ordinance standard. No one spoke either in favor of or in opposition to this proposed amendment. Chairman Brown closed the Public Hearing and asked for a motion. Ms. Mitchell moved that the Board recommend that the City Council approve the amendment to the Land Development Code – Chapter 165-113 D. (3) - Land Development Permit approval to ensure that developments comply with requirements of the Land Development Code even where they may conflict with approved Site Plans - City of Bangor, applicant as contained in C.O. # 08-235. Mr. Clark seconded the motion. Ms. Mitchell indicated that she was not in favor of this amendment because she felt that it created more confusion and didn’t clarify anything. Chairman Brown agreed. The Board voted 0 in favor and 5 opposed to the motion. Therefore, the motion failed. NEW BUSINESS Item No. 5: Site Development Plan approval for construction of a 13,266 sq. ft. retail building and parking on Haskell Road in a General Commercial and Service District. Jori Brothers Family, LLC, applicant. Mr. Shawn Frank, of Sebago Technics, indicated that he was representing the applicants who are the owners of the Curtain Shop which is presently located on Hogan Road. They wish to construct a new free standing building on this site and relocate their business. He discussed the elements of the Site Development Plan noting that he felt that the plans submitted met all of the submittal requirements except for information regarding stormwater management. Mr. Frank indicated that he had not had an opportunity to discuss this with the City Engineer. The applicant also needs to obtain Stormwater permit approval from the Department of Environmental Protection. However, due to timing and financing issues the applicant requested that the Site Development Plan be approved conditioned upon review of the stormwater management by the City Engineer. Mr. James Ring, City Engineer indicated that he had submitted a detailed e-mail to the applicant’s agent outlining his concerns regarding the stormwater management on this site and had not received a response to that e-mail. This site is located within an impaired watershed. The applicant’s latest submittal indicates that the post development peak flows are higher than the predevelopment peak flows. Mr. Ring indicated that it was the Board’s decision as to whether or not they would like to make this a condition of approval. Ms. Mitchell indicated that she had concerns about traffic on Haskell Road. While this development does not trip the threshold for requiring a Maine Department of Transportation Traffic Permit, she was concerned about the cumulative effect of traffic from the other sites 5 along the roadway. Mr. Clark agreed. Mr. Ring indicated that he did not feel that this should be a problem because of the nature of the different developments in this area. The peak traffic hours would be at different times. Chairman Brown then asked for Staff comments. Planning Officer Gould indicated that this is request is for Site Development Plan approval to construct a 13,266 sq. ft. retail building on Haskell Road which is a permitted use in a General Commercial and Service District. Mr. Gould explained that Staff has worked with the applicant through many redesigns of the project. Because this parcel is located adjacent to I-95 they needed to setback from it just as they would a City street. There is a power line and easement on a large part of the parcel and that had to be taken into consideration as well. The applicant also needed to consider the building envelope. Staff concluded that the plans as submitted met the requirements for submittal except for the stormwater management details and a verification of the internal green space and the number plantings on the site. Mr. Gould indicated that Staff would recommend Site Development Plan approval conditioned upon the applicant submitting a sketch verifying the internal green space on the site and the number of plantings on site; and, that the stormwater calculations are approved by the City Engineer. Ms. Mitchell had concerns about approving a site plan that still has elements that have not been reviewed by Staff. Mr. Damon indicated that he would like for the Board to approve the Site Development Plan with conditions so as to not make the applicant wait for another meeting. Ms. Mitchell asked Mr. Ring if he was comfortable with a condition regarding his review of the stormwater calculations. Mr. Ring indicated that he would be as long as there are no modifications made to the Site Development Plan. If so, they would need to come back to the Planning Board for approval. Mr. Frank indicated that they would be happy to bring any changes back to the Planning Board for approval. Ms. Mitchell moved that the Planning Board grant Site Development Plan approval to Jori Brothers Family, LLC for construction of a 13,266 sq. ft. retail building and associated parking on Haskell Road in a General Commercial and Service District with the conditions that the applicant submit verification of the internal green space and plantings; that the stormwater management be satisfactory to the City Engineer; and, that any site development plan changes come back for approval. Mr. Barnes seconded the motion. The motion passed unanimously. Item No. 6: Site Development Plan approval to construct a 19,695 sq. ft. building for retail use with 20,000 sq. ft. of outdoor storage and display area at 1135 and 1157 Broadway in a General Commercial and Service District. Cocca Development, LTD, applicant. Ms. Shelly Lizotte of Ames A/E, representing the applicant, explained that the applicant is requesting approval to construct a 19,695 sq. ft. building for retail use with 20,000 sq. ft. of outdoor storage and display area at 1135 and 1157 Broadway in a General 6 Commercial and Service District. Ms. Lizotte discussed the site layout, parking and access. She indicated that this submittal met all Land Development Code requirements. She noted that the applicant will need to obtain a Stormwater Permit from the Department of Environmental Protection and the site is not in an urban impaired stream. Ms. Lizotte discussed the stormwater management plan indicating that it was designed to meet stormwater quality under the Department of Environmental Protection standards. She indicated that she had reworked the stormwater information and it was submitted the day before the meeting. Chairman Brown asked why they were proposing three access points. Mr. John Theriault, Traffic Engineer with Ames A/E, explained that the upper or back entrance along Burleigh Road is for truck deliveries only and it could be signed as such. They proposed the other entrance on Burleigh Road closer to Broadway to access the parking area along Broadway and the Broadway entrance. Mr. Theriault discussed traffic patterns around this site and indicated that, as proposed, it is at an acceptable Level of Service. Ms. Mitchell was concerned with left-hand turns into the site at the Burleigh Road entrance (closest to Broadway). Mr. Ring indicated that he recently reviewed the newly created traffic improvements along Broadway at this location and noted that the newly constructed middle left-hand turn lane along with reducing Broadway to two lanes of traffic have been a positive along Broadway. Initially, he had concerns about the entrance on Burleigh Road closest to Broadway but after reviewing the recent changes he felt that it was not a problem. Mr. Ring indicated that he did not have an opportunity to review the applicant’s proposed stormwater management plan prior to the meeting. Planning Officer Gould indicated that the Staff felt that the Site Development Plan essentially met the requirements of the Land Development but that the Board should review the number of proposed driveways as part of access management along Broadway. Ms. Mitchell was concerned about the lower entrance along Burleigh Road and what might happen with future uses that could be allowed on this site. Mr. Theriault indicated that the entrance to the site is limited to where it is because of wetlands. As an alternative, Mr. Theriault suggested that the Board consider limiting that access to a right-in and right-out only access. Ms. Mitchell was also concerned about approving site development plans with conditions when all of the submittal requirements had not been provided and/or reviewed especially in light of the previous zoning amendment (Item No. 4, above) concerning approvals. The Board discussed whether to table this item or approve it with conditions. Mr. Clark moved to approve the Site Development Plan for Cocca Development, LTD to construct a 19,695 sq. ft. retail building and 20,000 sq. ft. of outdoor storage and display area at 1135 and 1157 Broadway in a General Commercial and Service District with the conditions that the entrance to site from Burleigh Road (closest to Broadway) be changed to right-in and right- out only, that the stormwater management be modified to address the City Engineer’s 7 concerns and if there are any site development plan changes as a result, that they come back for approval. Mr. Barnes seconded the motion. The Board voted four in favor and one opposed to the motion. Item No. 7: Site Development Plan approval to renovate the existing building at 125 Fern Street into a 15 unit apartment building in a Contract Multi-Family and Service District. House Revivers, applicant. Mr. Bob Kelly, of House Revivers, explained that they are proposing to renovate the former New Franklin Laundry building at 125 Fern Street into a 15-unit apartment building in a Contract Multi-family and Service District. Mr. Kelly noted that they did a clean up at the site because it was a former laundry site. The new renovations will be LEED certified, and they propose geo thermal heat and extra insulation. Mr. Kelly indicated that the submitted plans met all of the requirements for approval. Planning Officer Gould indicated that this is a request for renovation of a former laundry into a 15-unit apartment building in a Contract Multi-family and Service District. All of the units will have garages. Staff feels that all of the requirements of the Land Development Code have been met and recommended that the Board approve the applicant’s Site Development Plan. As no one spoke either in favor of or in opposition to this request, Chairman Brown asked for a motion. Mr. Barnes moved that the Board approve the Site Development Plan to renovate the existing building at 125 Fern Street into a 15-unit apartment building for House Revivers, applicant. Ms. Mitchell seconded the motion, which passed unanimously. APPROVAL OF MINUTES Item No. 8: Planning Board Approval of Minutes. There were no minutes to be approved. As there were no further items for discussion, the meeting on adjourned at 9:00 p.m.