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HomeMy WebLinkAbout2007-02-06 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF FEBRUARY 6, 2007 MINUTES Board Members Present: Robert Guerette, Chairman David Clark Nathaniel Rosenblatt Hal Wheeler Miles Theeman Allie Brown Jeff Barnes City Staff Present: David Gould James Ring Peter Witham Bud Knickerbocker News Media Present: Bangor Daily News Chairman Guerette called the meeting to order at 7:00 p.m. CONSENT AGENDA Chairman Guerette requested that Item No. 1 be removed from the Consent Agenda for discussion. He then asked if the Board had any other comments or concerns. There being none, he asked for a motion on the Consent Agenda. Mr. Rosenblatt moved that the Board approve the remaining two items on the Consent Agenda – Items No. 2 and 3. Mr. Wheeler seconded the motion, which passed by a vote of 5 to 0. The items approved are as follows: Item No. 2: Final Subdivision Plan Revision approval to adjust property lines between three of the four approved lots located on Ohio Street and Griffin Road in High Density Residential, Low Density Residential and Resource Protection Districts. Bangor Retirement Residence LLC, applicant. 2 Item No. 3: Development Subdivision Plan approval of 8 attached residential units located at 1004 State Street in a Contract Low Density Residential District. Woods of Maine, Inc., applicant. PUBLIC HEARINGS Item No. 4: Conditional Use/Site Development Plan approval to construct four, six unit attached residential buildings at 21V Bomarc Road in a Low Density Residential District. Woods of Maine, Inc., applicant. Chairman Guerette opened the Public Hearing and asked for a presentation by the applicant. Mr. Don Becker, P.E. of CES Inc., representing the applicant, explained that the proposal is for single-family attached housing on the site that is located between Bomarc Industrial Park and the approved Woodridge Subdivision. The applicant is proposing to construct four sixplexes on the site and would be a transition between the single-family homes and the industrial type of uses. Originally the Planning Board approved a site plan for mini storage units on this site but they were never built. Mr. Becker explained that this project treats both quantity and quality of stormwater runoff which then goes into the Woodridge Subdivision and gets treated for both again. Mr. Becker noted that the applicant is in support of the conditions recommended by the Planning Staff. Mr. Rosenblatt asked about a narrow segment that goes around the lot and how wide it is. Mr. Becker indicated that it is an area that is included with the lot in order to make the lot 5 acres in size. The area is approximately 10 feet wide that could be used as a walking path. Chairman Guerette asked if these units would be condominiums or rented units. Mr. Becker indicated that the plan is for condominiums. Chairman Guerette asked if the sewer in the original subdivision would handle the additional 24 units. Mr. Becker explained that the first phase of the Woodridge Subdivision has a pump station and that it is sized to handle all of the 49-lots in the subdivision as well as the additional 24 condominium units. Chairman Guerette asked for comments from proponents. As there were none, he asked for comments from opponents. There being none, he closed the Public Hearing and asked for the Planning Officer’s report. Planning Officer David Gould explained that the applicant, Woods of Maine, Inc., is requesting conditional use/site development plan approvals to construct 4, six-unit attached residential buildings in a Low Density Residential District. The applicant originally received approval for self storage on the site. Subsequently, the applicant asked the City to consider rezoning this as Low Density Residential with the intention of building a project similar to this. At that time there were property owners in the residential subdivision that had some concern about rezoning the parcel from industrial to residential and the property was subsequently rezoned to Low Density Residential. This application utilizes a provision in Low Density Residential District (LDR) to do attached residential which are individual self-contained units that are attached by a common wall which have an entrance solely from the outside. LDR treats that conditional use with a specific density of five units per acre and no more than six units in any one building making this a low density cluster type development in the LDR. The four specific standards for conditional use approval – 1) that the basic standards of the district be met; 2) that the applicant provide 3 appropriate utilities to service the project; 3) that the project not cause or create adverse traffic on adjacent streets; and 4) that the applicant provide elevation drawings relative to the architecture of the units so that the Board can make a finding that they are consistent with buildings within 500 feet of the project. All of these four basic standards have been met in that it meets the district standards, there are adequate utilities; this type of housing is a low traffic generator. Mr. Gould indicated that the Board needs to make a determination on whether or not the units are architecturally consistent with buildings within 500 feet of the project. Mr. Gould indicated that Staff is in the process of proposing an amendment to the LDR to change the base standard for attached residential from 5 acres to 3 acres. The reason for this is that Staff found that the acreage itself really did not impact the design of projects and that there were many other factors that had more influence as to the arrangement, amount of open space and how it was laid out, than was the actual minimum acreage. The applicant has also applied for SLODA which will be considered later on in the Agenda for approval of the entire project consisting of this project and the Wood of Maine Subdivision which has received Planning Board approval. Mr. Gould indicated that Staff feels that this application meets the conditional use standards and recommended that the Board grant the applicant conditional use and site development plan approval. Mr. Rosenblatt expressed concern about the proposed 10 foot wide strip and what precedent the Board may be setting in terms of what the project looked like geographically. Mr. Rosenblatt said that he didn’t see how this .9 acre strip of land would be considered a part of the acreage. He was not comfortable concluding that this is a project that is larger than 4.1 acres and that acreage would not allow a density of 24 units. He also asked if this additional land needed subdivision approval. Mr. Gould indicated that this is a fairly debatable issue as to whether it needs subdivision approval on a number of different grounds. Putting 3 or more buildings on a lot could constitute subdivision, and 3 or more dwelling units in a building could constitute a subdivision. The applicant hasn’t asked the City for that approval at this point in time. Chairman Guerette asked Mr. Becker to explain the topography of the ten foot area. Mr. Becker indicated that it is suitable for a walking trail. While there was other space that they could have used they were told that it needed to be contiguous. The reason why they kept it narrow is because they may wish to develop the remaining land and they did not want to box themselves into a corner. As far as the subdivision rules, the condominiums are on a parcel of land that is a separate tax map and lot number and has been a separate parcel of land for decades. It was only shown on the previous Woodridge Subdivision plan because it was an abutting parcel. It is not part of the Woodridge Subdivision except for the fact that the DEP has determined that it is a common scheme of development with the single-family and therefore, by the common scheme rules, they feel the applicant needed Site Location of Development Act approval. Mr. Becker indicated that the ten foot strip will be conveyed to the condominium association and how they choose to use it will be their choice. Mr. Theeman asked about the status of the land area beyond this project. Mr. Becker indicated that there is land suitable for a residential development that lies beyond this project but in a sense they have closed that off because this ten foot strip will be owned by the condominium association who may or may not allow anyone to cross it. Mr. Theeman indicated that he was not 4 impressed with this 10 foot strip of land and felt it was a convenient way to get around the five acre minimum. Mr. Becker said that he felt that it was inventive and meets the City’s requirements. Mr. Wheeler indicated that he took strong exception to Mr. Theeman’s inference that the applicant is trying to circumvent the 5 acre minimum. Mr. Wheeler agreed that if the land is there it can be considered part of the parcel. He asked City Engineer Jim Ring to address Mr. Rosenblatt’s concerns as to whether 24 units could be constructed on this site. Jim Ring, City Engineer, indicated that in terms of physical placement 24 units would fit within the 5 acres or 4.1 acres. From an engineering standpoint he did not see any issues but added that it was a matter of interpretation and whether it meets the standards. He did not see an issue from a technical standpoint as to whether or not the site could accommodate the number of units. Ms. Brown asked if there was an existing tree line between the proposed units and the land abutting to the north (the industrial site) Mr. Becker explained that there is a wooded area and a street. Chairman Guerette asked if the owners of condos would belong to the Homeowner’s Association and Sewer Association with the adjoining development. Mr. Becker indicated that they will belong to the sewer association but not the Homeowners’ Association. Chairman Guerette asked for a motion. Mr. Wheeler move to approve the Conditional Use for the construction of 4, six-unit attached residential buildings in a Low Density Residential District at 21V Bomarc Road – Woods of Maine, Inc., applicant. Mr. Clark seconded the motion. The motion carried by a vote of 3 to 2. Mr. Wheeler moved to approve the Site Development Plan for construction of 4, six-unit attached residential buildings in a Low Density Residential District at 21V Bomarc Road - Woods of Maine, applicant. Mr. Clark seconded the motion. The motion carried 3 to 2. Item No. 5: To amend the Land Development Code by changing parcels of land located at 19 and 59 Maine Avenue, 16 and 55 Northeast Drive, 70, 90, 103 and 133 Corporate Drive and Venture Way) from Industry and Service District to Technology and Service District. Said parcels containing approximately 38.32 acres. C. O. # 07-068. City of Bangor, applicant. Chairman Guerette opened the Public Hearing and asked for a presentation by the applicant. Planning Officer Gould, representing the applicant City of Bangor, explained that this is a request for a rezoning of 13 parcels of land containing approximately 38.32 acres and located in the Maine Business Enterprise Park (MBEP) from Industry and Service District to Technology and Service District. This rezoning is similar to the concept that was brought up at the time of the Comprehensive Plan Update to create a new zone for MBEP which has developed into a high end office and technology park and is no longer well suited for the Industry and Service District uses. Several months ago the Technology and Service District was created and adopted that would 5 maintain those uses and development standards in a business park setting. This step would be to put a number of lots in the MBEP into that District. The Land Use Plan and Zoning Policy Maps at the time of the Comprehensive Plan Update indicated this as a business park zone because the Technology and Service District had not yet been adopted. Staff finds that the proposal to rezone these 13 parcels to Technology and Service District consistent with Comprehensive Plan, Land Use Policy and Zoning Policy and recommended that the Planning Board make a positive recommendation to the City Council. Mr. Rosenblatt asked if there had been any input from the owners of these parcels or abutting parcels. Planning Officer Gould indicated that he was not aware of anyone who has contacted Staff with concern. He noted when this District was being created that the Economic Development Staff tried to accommodate the needs of the existing developments. Mr. Theeman asked why the area that is presently zoned I & S and G & ISD was not included in the area to be rezoned. Mr. Gould explained that on Hammond Street there is Bangor Savings Bank which is not part of Maine Business Enterprise Park and would not likely meet the standards of the Technology and Service District. The G & ISD zoned property is the land recently acquired from the University. On this land there are 3 buildings located there and the Board has approved a Planned Group Development on that site. The T & S District would place additional limitations on that area. At this point in time Staff did not feel that Technology and Service District zoning was appropriate. Chairman Guerette asked if this zone change would impose a hardship on the current occupants in this area. Mr. Gould indicated that while he had not sat down and looked specifically, these are similar to the Industry and Service Standards and the private deed restrictions within the MBEP. What this is going to allow us to do is to amend the I & S District to move it away from the office park uses to manufacturing and industrial district uses. Staff had been hesitant to do this because of its impact on MBEP. Mr. Rosenblatt asked if the uses in the MBEP would be conforming or made nonconforming. Mr. Gould indicated that all of the uses would conform. Chairman Guerette asked for comments from proponents and opponents. There being none, he closed the Public Hearing and asked for a motion. Mr. Rosenblatt moved that the Planning Board recommend that the City Council approve the amendment to the Land Development Code set forth in C.O. # 07-068 pertaining to the zone change at 19 and 59 Maine Avenue, 16 and 55 Northeast Drive, 70, 90 103 and 133 Corporate Drive and Venture Way from Industry and Service District to Technology and Service District. Mr. Theeman seconded the motion. The motion passed unanimously. NEW BUSINESS Item No. 1: Site Development Plan approval to construct a 4,000 sq. ft., two- story building for a mixed commercial/residential use (take-out restaurant with two apartments) located at 120 Griffin Road in a Neighborhood Service District. Xu Rong Chan d/b/a Asian Palace, applicant. 6 Chairman Guerette indicated that he had requested that this item be removed from the Consent Agenda as there were some members of the public who had some comments to make regarding this particular application. He indicated that this was on the Consent Agenda which means that Staff felt that the application met all of the requirements of the Land Development Code. He indicated that he would allow comments but would not allow debate. Mr. John Baron, an abutting property owner at 118 Griffin Road, indicated that he had many concerns but his major concern was from odors coming from the restaurant. He asked if there is a problem if the applicant would consider a 30 foot or higher exhaust stack to get the fumes from the kitchen up above into the wind stream. Other concerns included intensity, direction and duration of the proposed lighting; water drainage and runoff; proposed vegetation; buffers; and the removal of an existing hedge row. Mr. Baron indicated that he would prefer the existing hedge row to be the buffer. Mr. Baron indicated that most of the land around the existing building has been filled over the years with old asphalt and concrete debris. He also expressed his concern that a vehicle barrier be installed to prevent runaway vehicles coming over the bank because this has occurred four times since he has lived there. Mr. Clark noted that this lot has gone through several changes and asked if this was once a seafood restaurant. Mr. Baron indicated that it started out as a shoe shop, then an ice cream shop and then a seafood restaurant. Mr. Clark asked if there was a problem with odors coming from that seafood restaurant. Mr. Baron said that there were odors but because that business wasn’t that big and they weren’t open as many hours but it wasn’t a big problem. The few times it was, the smell wouldn’t last long and would then disappear. Mr. Clark noted that because this is going to be a new building with a modern ventilation system the problem shouldn’t be as pronounced as that experienced in the past. Mr. Baron indicated that he wanted to get his concerns into the record in the event of any problems. Craig Boulette representing the applicant and Blackstone Consultants indicated that the proposed lighting meets all the ordinance requirements and there should not be any light filtration onto Mr. Baron’s property. The City Engineer has found the proposed drainage to be adequate, they have a row of trees that they would hope would stop a car but if it would make the abutter happier, he could speak with the client about a possible guard rail along the parking. Mr. Boulette indicated that plantings along the sewer line were a concern of the Engineering Staff. There are existing woods in the back area and if they aren’t allowed to plant those plantings, they could use the existing vegetation as a buffer so as not to cut into the sewer line that is out there. The buffer as proposed meets the requirements. Mr. Broulette indicated that the existing hedge row will need to be removed in order to get the required grading to direct the stormwater away from the abutting property. Ms. Brown asked Mr. Boulette to comment on the grease trap that is shown. Mr. Boulette indicated that there will be manholes installed and the materials from cooking will come into the grease trap to be separated from what goes into the sewer system. The manholes can be cleaned out when needed. 7 Mr. Rosenblatt asked if the applicant proposed to keep the existing hedges on the site. Mr. Boulette indicated that the hedge along Griffin Road will remain but the hedge row along the parking area will have to go because of the new grading that is required for the new parking lot. Chairman Guerette asked for the Planning Officer’s report. Planning Officer Gould indicated that this application is for Site Development Plan approval to construct a two-story, 4,000 sq. ft. mixed-use commercial and residential building. 2,000 sq. ft. of it is proposed for a take-out restaurant. The Neighborhood Service District allows restaurants with up to 12 seats. On the second floor there would be two, 3 bedroom apartments. Because this project is located in the Neighborhood Service District and it abuts a residential district there is a required transition or buffer yard. The applicant is proposing a “C” buffer where the Ordinance requires a minimum of a “B” buffer. To the back of the property is a stream which is covered under Shoreland Zoning and resource protected The Land Development Code also asks that commercial properties provide a buffer between the development and a natural resource. This is why the plan indicates additional plantings in that location. Mr. Gould explained that there is information relative to traffic generation and stormwater. As the Board is aware, this is one of the first projects that have come through the process with our new lighting standards which indicated that these lights cannot exceed 25 ‘ in height they are full cutoff luminaries and has a threshold of no more than a half foot candle on any adjacent residential property. The information submitted indicates that there will be zero lighting that goes on the adjacent residential property. The project is served by public sewer and water. Staff feels that there is more than adequate parking for the restaurant use and the residential use on the site. Planning Officer Gould indicated that there is no standard from a Site Development Plan standpoint to make an evaluation regarding odors. Staff felt that the applicant has met the requirements and recommended Site Development Plan approval. Mr. Theeman asked if the Board could condition its approval on the applicant’s agent’s concessions for construction of a vehicle buffer on the land abutting Mr. Baron’s, to allow the existing vegetation to the extent possible over the sewer area without adding new vegetation, and agree to remove all of the debris from the property. Chairman Guerette indicated that he did not feel that this would be appropriate. Chairman Guerette asked for a motion. Mr. Rosenblatt urged the applicant to follow up on the vehicle barrier from a safety point of view as he felt that it makes sense to have one. Mr. Rosenblatt then moved that the Planning Board grant Site Development Plan approval to the proposed project at 120 Griffin Road – Xu Rong Chan, d/b/a Asian Palace, applicant. Mr. Theeman seconded the motion. The Board voted 5 to 0 in favor of the motion. Item No. 6: Site Location of Development Act Permit approval of the Woods of Maine Development located off of Bomarc Road and consisting of the Phase I and Phase II Subdivisions and construction of four, six unit attached residential buildings at 21V Bomarc Road in a Low Density Residential District. Woods of Maine, Inc., applicant. 8 Chairman Guerette asked for the applicant or his/her designee to make a presentation. Mr. Don Becker, of CES, Inc., represented the applicant who is requesting Site Location of Development Act approval of the Woods of Maine Development located off of Bomarc Road which consists of Phase I and Phase II of the Woodridge Subdivision and the condominium project approved under Item No. 4, above. Mr. Becker indicated that there were additional submittals required for this project. The subdivision already has local approval and State Stormwater approval. He noted that treatment system is in excess of what is currently required and he did not see any issues with this. Chairman Guerette asked for the Planning Officer’s report. Mr. David Gould indicated that this application from Woods of Maine is for Site Location of Development Act approval of both single-family subdivisions and the recently approved 24-unit attached residential complex. The two single-family subdivisions were approved on two separate occasions, Phase I and Phase II and at that time they were under the 30 acre Department of Environmental Protection threshold. When the applicant went to start construction of the attached residential project, the state looked at it and said that you are over the 30 acre threshold and, therefore, you cannot begin construction without Site Location of Development Act approval. The applicant felt that if they needed to do a Site Law Permit, they might as well do the full build out of the attached residential complex. The Site Location of Development Act Law requires approximately 24 different standards that the applicant needs to demonstrate that they meet or are in compliance with such as information from the Dept. of Inland Fisheries and Wildlife, the Natural Resource Program, Stormwater standards, soils standards, financial capacity standards, technical capability standards, etc. The City is very comfortable with the two subdivisions which are totally built out at this point. The new attached residential will be the new construction part of this project. Staff highlighted a couple of things that ought to be part of the record in terms of this approval. Mr. Gould indicated that this project does fall within a nonattainment urban watershed. The treatment system is such that even with doing the best that they can do still requires the applicant to provide a compensation fee. While they calculated it based on the State standards. Staff felt that they should indicate in their approval that the applicant provide the city a stormwater compensation fee consistent with Chapter 500, Section 6, and secondly, that the Woodridge Homeowners Association maintains the nongravity sewer and pump station. This was a condition of the prior subdivisions and would be a good way to continue to keep that in the record. Lastly, Staff feels that the Woodridge Homeowners should provide the City of Bangor a Best Management Practices management log to ensure that the treatment devices are functioning and in proper operating condition. One of the things that the SLODA law stormwater details get into is follow-up inspection and compliance. One way for the applicant and the subsequent homeowners association to do that is to provide the maintenance logs to the City as evidence that their systems are being maintained and are functioning. Staff feels that the application as a whole does meet the Site law criteria and would recommend that the Board approve it with those three conditions as noted in the Staff Memorandum. Mr. Rosenblatt asked if there is a minimum lot size or density in the Site Location of Development Act regulations. Mr. Gould indicated that there were not and that the State was more likely to rely on local zoning details than a specific zoning or density of their own. Mr. Theeman asked if this application requires letter of credit. Mr. Gould indicated that the regulations require the applicant to provide that they have financial capacity to undertake the project. 9 Chairman Guerette asked the applicant if these three conditions are acceptable. Mr. Becker indicated that they are. Chairman Guerette then asked for a motion. Mr. Rosenblatt moved that the Board grant Site Location of Development Act approval to the existing and proposed project on Bomarc Road, Woods of Maine, Inc., applicant, on the following three conditions: 1) that the applicant provide the City with a stormwater compensation fee consistent with Chapter 500 Section 6; 2) that the Woodridge Homeowners’ Association maintain the nongravity sewer and pump station, and 3) that the Woodridge Homeowners’ Association annually provide to the City of Bangor the Best Management Practices maintenance log to ensure that all treatment devices are functioning and in proper operating condition. Mr. Theeman seconded the motion. The motion carried unanimously. APPROVAL OF MINUTES Item No. 7: Planning Board Approval of Minutes Chairman Guerette indicated that the minutes for November 7, November 21, Special ththth Meeting of December 4, December 5 and Meeting of December 19 were ready for thst consideration. Mr. Wheeler requested some changes in both the November 7 and November 21 th minutes for the purposes of clarity. He requested that the minutes of November 7 on Page 7 five paragraphs down and 5 lines down that begins with his name that the word “more” be inserted between he is and willing for the sake of clarity. Mr. Wheeler requested that on Page 8 of the st November 21 minutes, second paragraph, that a comma between evergreens and falls be inserted. Chairman Guerette made a motion for approval. Mr. Rosenblatt seconded the motion. The Board voted 5 to 0 in favor to approve all five sets of minutes as amended. Chairman Guerette reminded the Board that they need to keep in their sights the work that the Board needs to do to address some of the longer range issues facing the Board. Some of the issues include the subdivision regulations, open space plans and the issue of sidewalks and some text amendments to the LDC that were highlighted during the CP review. He asked if the Board would be willing to entertain a third meeting per month during the spring months to entertain some of these items. Mr. Rosenblatt felt it was important and the Board should do this. It was th noted that on February 27 Lamar Cannon would be making a presentation at 7:00 p.m. Mr. Wheeler spoke of his 35 years working on City Boards, Committees and the Council. He said that the last six years of service on the Planning Board have been the most rewarding and stimulating than he could have possibly imagined. Mr. Wheeler said that it has been a privilege and an invaluable experience to have worked with two outstanding Planning Officers and that he would like to add it has been a particular privilege to work under the Chairmanship of Mr. Guerette. This Board has done some very significant work and he commended every one of his fellow Board Members for their diligence and commitment that they have given to this significant responsibility. Mr. Wheeler said that he leaves with a great sense of satisfaction and appreciation for the opportunities that he has been given to contribute to Bangor’s progress as a City and especially as a community. 10 Chairman Guerette thanked Mr. Wheeler for the contribution that he has made. He noted that Mr. Wheeler was with the Board during the Comprehensive Plan Update, that he provided a lot of clarity and he appreciated his assistance especially when called him to bring order to meetings. Chairman Guerette wished him well in his next adventure. There being no further items for discussion, the meeting was adjourned at 8:40 p.m.