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HomeMy WebLinkAbout2007-10-02 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF OCTOBER 2, 2007 MINUTES Board Members Present: Robert Guerette Nathaniel Rosenblatt David Clark Laura Mitchell Miles Theeman Jeff Barnes City Staff Present: David Gould James Ring Bud Knickerbocker Peter Witham News Media Present: Bangor Daily News Chairman Guerette called the meeting to order at 7:00 p.m. CONSENT AGENDA As no one wished to remove the item for discussion, Chairman Guerette asked for a motion. Mr. Theeman moved to approve the Consent Agenda. Mr. Rosenblatt seconded the motion which passed unanimously. The item approved is as follows: Item No. 1: Site Development Plan approval to rearrange parking spaces and construct landscape buffers at 631 Hammond Street in a Neighborhood Service District and a Contract Neighborhood Service District. KENC, LLC, applicant. PUBLIC HEARINGS Item No. 2: To amend the Land Development Code by changing a parcel of land located on Griffin Road from Government and Institutional Service District to High Density Residential District. Said parcel containing approximately 16.53 acres Bomarc, Inc., applicant. C.O. # 07-308. Chairman Guerette opened the Public Hearing and asked the applicant or their designee to make a presentation. Mr. Andy Sturgeon, President of Ames A/E, represented 2 Bomarc Inc. who is requesting a zone change from Government and Institutional Service District to High Density Residential District for a parcel of land located on Griffin Road. As a result of a previous request to rezone part of this parcel to High Density Residential District and part of it to Shopping and Personal Service District, and in listening to the Board’s comments, he explained that they are now before the Board asking to rezone the parcel to only High Density Residential District. At the previous public hearing, a member of his Staff, President Beardsley, the developer and he spoke about the benefits of this development to Husson College. Those comments still stand and the parties are fully behind this request. The Staff Memorandum indicated that this property and the associated rezoning request is consistent with the Comprehensive Plan and the Land Use Policy. Mr. Sturgeon asked for a favorable recommendation. Mr. Theeman asked if the footprint is identical to the previous proposal. Mr. Sturgeon indicated that it is the same land area. No one spoke either in favor of or in opposition to the requested zone change and Chairman Guerette closed the Public Hearing and asked for the Staff Report. Planning Officer Gould indicated that this application is to rezone approximately 16 acres of land located on Griffin Road next to the Kev-Lan Center on the corner of Griffin Road and Broadway. This is a parcel that was specifically discussed at the time of the 2005 Comprehensive Plan Update. The Board discussed a variety of potential uses at that location and it was concluded at that time that residential use would be the most appropriate use there not only for housing but for the College and its housing needs. Staff recommended that the Board recommend approval of this zone change request to the City Council as it is consistent with the Comprehensive Plan. The High Density Residential District allows for a variety of different housing types so they could have single-family detached, attached residential, or a larger multi-family developments. Chairman Guerette asked for a motion. Mr. Rosenblatt moved that the Board recommend to the City Council approval of the proposed rezoning of approximately 16.5 acres off of Griffin Road from Government and Institutional Service District to High Density Residential District as set forth in C.O. # 07-308. Mr. Theeman seconded the motion. The motion carried unanimously. Item No. 3: Preliminary Subdivision Plan approval for a 9-lot residential cluster subdivision located off of Kenduskeag Avenue in a Contract Low Density Residential District. Forrest H. Grant Family LP, applicant. Chairman Guerette opened the Public Hearing. He noted that the Board officially convened the previous afternoon at 4:00 p.m. for a site visit to get a chance to see on the ground what is going on. He thanked the developer and their staff for taking the time to meet the Board at this site visit. Mr. Jim Kiser, of Kiser and Kiser, representing the applicant, indicated that the applicant is proposing a nine lot cluster subdivision on approximately 6.5 acres of land off Kenduskeag Avenue. This area was part of a larger area of land before the Board under a contract zone change request several months ago which was approved. Mr. Kiser discussed the Contract Zone Change conditions noting that they have an allocated 3 number of trips that are allowed off the entire property on Kenduskeag and they are using a small portion that allocation for this particular project. The traffic divide line is the rear property line as shown on the plans. Another condition is that they retain a 100 foot buffer around the existing pond. The have accomplished this by placing the housing on one side of the lot. The proposed road is approximately 550 feet long as it circles around a cul-de-sac. There are two lots that have only 13 feet of frontage on the main road in order to comply with ordinance requirements that one side touch the right-of-way. Those two lots will have a shared driveway and the utilities will also be located there through an easement. The road will have complete water, sewer and storm drainage. There is also an easement proposed to extend the utilities back into the remaining property and in particular sewer as there is no sewer located on Griffin Road. Mr. Kiser explained that these are relatively small, compact lots in a cluster development. They do not propose this to be traditional housing but a more unique housing style in that it will a boxier design than it would be if it were typical colonial style housing. Chairman Guerette asked for proponents. There being none, he asked for comments from opponents. Mrs. Linda Hunter, 1025 Kenduskeag Avenue, spoke in opposition. She cited Section H of the contract conditions which states that development plans should avoid wetland disturbance and noted that Lots 1, 2, 3, 4, 5, and 6 all encroach on the wetlands. She asked if it would be possible to adjust the configuration of these lots so that no wetland is disturbed. Mrs. Hunter noted that a wetland survey has been completed and asked if specific data such as egg mass counts has been provided to the Board to confirm that the pond is not in fact a vernal pool. She asked if the stormwater mitigation for this development would adversely affect the adjacent wetland or the 100 foot vegetated buffer around the pond, and what planning have been done by the applicant to ensure that open space on this parcel will be contiguous with the open space within in the entire 89 acre parcel as indicated in the contract zone. Ms. Lucy Quimby, 1230 Kenduskeag Avenue, indicated that she felt Mrs. Hunter had made some very good points. She was concerned as to who will have standing to enforce the open space provisions proposed and she was concerned that there were no provisions for trails through this property. Ms. Quimby also had concerns about the proposed level lip spreader and felt that they were adding a lot of impervious surface as all of the houses are going to have roofs, driveways, parking ways and there is road. She was concerned about runoff being discharged into an area in the natural buffer around the pond and questioned whether the proposed level lip spreader was the best way to handle the stormwater. She said that she really appreciated what Mr. Kiser and other people involved with this project have done as it is a big improvement over what they were looking at earlier and a lot of thought went into this project. Chairman Guerette closed the Public Hearing and asked for the Planning Officer’s report. Mr. David Gould explained that this application is for Preliminary Subdivision Plan approval for a nine lot cluster residential subdivision off of Kenduskeag Avenue in a Contract Low Density Residential District. The City’s Subdivision Ordinance requires that any subdivision with six or more lots or public improvements be a Major Subdivision. The cluster subdivision is a vehicle that allows a developer to make lots smaller with an off setting open space set aside. The contract zoning provisions talk about a minimum amount of open space 4 for any development within this contract area. Clustering is one way to concentrate the development on the good upland and preserve the wetlands and other usable space as common open space. This proposal is on 6.63 acres of which 3.9 acres or 59% of that land area would be preserved as permanent open space. The contract conditions conclude that the property owners need to make available the potential for a trail such that they could not prohibit a trail going across their property. The circulation divide that was commonly discussed as the potential location for a trail would be within the common open space. The development will be served by public sewer and water, and they propose a public street accessing the house lots. There are two lots that use a shared driveway. The cluster standards have no minimum lot size or minimum lot width. Mr. Gould indicated that under these provisions each lot must have some frontage on the street but there is no minimum width as to what that would be. Staff wanted to make sure that if the Board is comfortable with those two lots using a shared driveway to the public street that the subdivision be extremely clear as to who is going to have title to the driveway and who is going to maintain it. Mr. Gould indicated the proposal meets the contract zoning conditions. The open space located along the circulation divide is where it was anticipated there would be a common amount of open space. There is only one access to Kenduskeag Avenue where 5 are allowed along the frontage of the parcel and they have provided a buffer around the pond. Mr. Gould explained that a level lip spreader is used to take a concentrated flow of water that might be coming out of a pipe or a ditch and convert it to a sheet flow to flow across the land. Mr. Kiser added that they are trying to maintain the natural flow directions that are out there and utilize the natural buffers to assist in treatment of the stormwater. Mr. Barnes indicated that after seeing the lot, he felt that this was a good property and it has access to City services. While people have the right to use their property he felt that 9 lots were too many lots for this parcel and suggested that Lots 2 and 3 be eliminated and put into green space thus reducing the runoff. Ms. Mitchell asked if the Board was being asked to approve 10 lots rather than 9 because of the remaining lands of the larger parcel. Mr. Kiser indicated that open space doesn’t get counted as a lot and typically open space doesn’t get a lot number associated to it. He said that they could put that into a small scaled sketch on the plan so that it is identified as remaining land. Ms. Mitchell said that she felt that there was a tenth lot and she did not feel comfortable with the indication that trail continuity will be provided. She was concerned about what happens to the open space when each portion of the 88 acres is developed. She said if there is a grander open space plan they could see that the trails will be contiguous because there is some level of control over it. If it is looked at piecemeal, there is no control. Mr. Kiser indicted that he understood her concern but explained that the applicant is only purchasing six acres and they do not have control over the remaining acreage. For them to try to develop something that puts together an entire continuity package is unrealistic for them to undertake when they do not have control over it. Mr. Kiser said that the contract zoning only dealt with the fact that there had to be a certain criteria of open space. There was only the condition that 40% of the entire parcel must be kept as 5 open space and that there be provision made so that a trail could go through the property at some time in the future. They have tried to accommodate both of those criteria. They feel that they have exceeded it as they are providing 59% of the parcel as open space almost 20% more than the contract zoning has in its stipulation. Chairman Guerette indicated that he did not feel that this developer, who has an option to purchase six acres of land, could foresee how the open space will finally be shaped when other developments are designed. This is up to the Board and the City Planning Office to work with them to make sure that each provision is upheld. Ms. Mitchell indicated that she felt that this goes beyond the scope of just the six acres. Chairman Guerette indicated that he felt that this developer has put some real substance into meeting this requirement by allowing open space to be located along the divide line and making it accessible to the public at some future date. The remaining land would be considered as it is developed. Mr. Theeman indicated that he was prepared to vote in favor of this. He said that it would make the Board feel better if there was some sense of what the plan was for the entire 88 acres and perhaps the current owner might help in that regard. He encouraged the applicant to have appropriate restrictions on the current open space prior to coming back for final subdivision plan approval. Ms. Mitchell asked Mr. Gould whether or not this is a ten lot subdivision or a nine lot subdivision. Mr. Gould indicated that Staff has had debates before about open space and whether open space needs to meet the requirements of a lot. He said that he believes that open space should be unnumbered and should be labeled as open space because it doesn’t require road frontage, it is not a lot, and it is not available for development. If you take a parcel of any size and you split that parcel in two you have two parcels and no subdivision is required. If you divide either one of those two pieces you then constitute a subdivision for which you need approval. Here they are separating out six acres and getting approval for what they are doing on the six acres. The remainder isn’t under the control of this applicant. Mr. Rosenblatt indicated that under the State Subdivision Statute in that very scenario the statute says that the municipal reviewing authority shall consider the existence of the previously created lot or lots in reviewing the proposed subdivision created by a subsequent dividing. He indicated that he felt that the Board is obligated to consider the existence of the previously created lot and this has not been depicted. He felt that either the owner of the larger parcel should be joining the applicant in this application or at least cooperating so that the Board can consider the existence of the previously created lot. He indicated that he was concerned that the Board is considering this piecemeal and that the Board should have an understanding of the larger scale ramifications of what the Board is doing. Mr. Rosenblatt said that he agreed with Mr. Barnes’ feeling regarding Lots 2 and 3. He felt that there needed to be more work done regarding stormwater treatment, the wetlands report information, and the issue about the open space ownership before he could vote in favor of the preliminary plan. Mr. Kiser indicated that this zone allows for 3 units per acre in a cluster subdivision and the 9 units proposed on 6.5 acres is about 1/2 of what is allowed. 6 Mr. Theeman moved to approve of the Preliminary Subdivision Plan on Deer Pond Lane for a 9-lot residential subdivision for Forrest H. Grant Family LP, applicant, in a Contract Low Density Residential District. Mr. Clark seconded the motion. Chairman Guerette indicated that the control of the open space will be an extremely important item at the Final Subdivision Plan stage, as well as, the qualitative and quantitative analysis of storm water and how that will be dealt with. He said that he felt that the applicant has done a remarkable job of putting together a plan for a subdivision that is contiguous to a larger parcel that may at some future point be developed. Chairman Guerette said that he felt that the applicant has worked hard to meet the provisions of the contract zone requirements especially in regard to the open space and he intended to support this. Ms. Mitchell added that she liked the amount of open space being provided with this and she liked the intent to provide contiguous access for a future trail. She did not mind the density but she did not like how the Board was being asked to consider a small piece of a larger lot and not see how the open space that they are working so hard to maintain is going to be contiguous, maintained and accessible with trails. She indicated that she would not be voting in favor of this motion. Mr. Theeman said that Member Rosenblatt’s and Member Mitchell’s arguments were compelling and he would not plan to support this at this point. Chairman Guerette indicated that this area has been designated in the Comprehensive Plan for residential use as it has access to water and sewer service for which the City has very little area available left. The Board voted 2 in favor and 3 opposed. Therefore the motion failed. NEW BUSINESS Item No. 4: Final Subdivision Plan approval for a 25-lot detached manufactured housing subdivision located at 30V Vizsla Avenue in a Low Density Residential District. C.A. Strout and Sons, Inc., applicant. Chairman Guerette asked for a presentation. Mr. Don Becker, P.E. with CES, Inc., represented the applicant who is requesting Final Subdivision Plan approval for a 25-lot detached manufactured housing subdivision located at 30V Vizsla Avenue. This project previously received Preliminary Plan approved by the Board. Mr. Becker indicated that they feel that they have now addressed all of the Board’s concerns expressed at that time. He noted that they are proposing to use a level spreader to take the concentrated flow and turn it back into sheet flow which is a common practice approved and required by DEP for every culvert discharge in the State of Maine. This attempts to make the water similar to the predevelopment condition. Mr. Becker discussed the proposed open space indicating that they planned to offer an undivided interest to the lot owners for their future use within the confines of open space as defined under the Bangor Ordinance. Mr. Rosenblatt noted that the Staff Memorandum indicated that there were still some outstanding items and he asked Mr. Becker if those have been addressed. Mr. Becker 7 indicated that they have responded to all of those issues except for producing mylars for signatures. Mr. Theeman asked for clarification on the open space ownership. Mr. Becker indicated that the open space is going to be owned, maintained and protected by the th developer. When the lots are sold, an undivided 1/25 interest in the open space will be conveyed to each lot owner so that the homeowners become responsible for the open space that was set aside for their benefit. Mr. Theeman asked if there would be restrictions upon those conveyances. Mr. Becker indicated that they are not currently contemplating any restrictions other than the way open space is discussed in the Bangor Ordinance. They envision allowing some recreational use of the property by the homeowners where they would be allowed a trail or a bench or a picnic table or a small area to play catch. They would also contemplate that a significant portion of it would be left in its current condition. Chairman Guerette asked for the Planning Officer’s report. Mr. David Gould indicated that this is an application for Final Subdivision Plan approval for a 25-lot detached manufactured housing subdivision in a Low Density Residential District. The Board has granted the applicant Conditional Use approval to complete the Third Phase of the Pine Meadows Subdivision which was started in 1985. As the Board is aware, a lot has changed within environmental laws and subdivision standards so it was a challenge to take a development that was laid out and planned in 1985 and bring it forward for approval in 2007. One challenge was the open space requirement which was not part of the original subdivision. The applicant was able to find a lot that was excessively large in terms of the minimum standards and was able to meet the 5% open space on that lot. Staff requested that the applicant provide the Board information as to the ownership and maintenance of the open space. There were also issues with lot sizes, lot widths, etc. and Staff asked the applicant to provide information that the proposed lots do meet the standards of the Bangor Ordinance. Staff also asked that details regarding the buffering around the lots be clarified and put on the face of the plat as, well as, a notation regarding the conditional use standards. Staff felt that all requirements have been met and recommended approval with a condition that the applicant submit an improvement guarantee within 120 days of approval. City Engineer Jim Ring indicated that at the time the Staff Memorandum was written he had not received a response to some of his questions. Since that time, the applicant has submitted information addressing his concerns with one minor exception, that being that the actual level lip spreader is not on the plan sheet. The submittal includes all of the other details and descriptions as to where it is but it was not included on the plan view for the construction drawings. Mr. Ring indicated that all of the other information submitted meets with his approval and asked that a revised plan sheet be submitted showing the level lip spreader for his records. Mr. Rosenblatt asked about the stormwater calculation. Mr. Ring indicated that the applicant submitted pre and post summary calculations which he has reviewed and approved. Mr. Rosenblatt moved that the Board grant Final Subdivision Plan approval for the proposed subdivision at 30V Viszla Avenue, C.A. Strout & Sons, Inc., applicant on two conditions; the first being that financial guarantees be provided to the City for the proposed public improvements within 120 days of approval; and, the second that the plan be revised to accurately depict the lip spreader. Mr. Theeman seconded the motion. The Board voted unanimously in favor of the motion. 8 APPROVAL OF MINUTES Item No. 5: Planning Board Approval of Minutes. Chairman Guerette indicated that the Minutes of the May 15, 2007 and July 17, 2007 Meetings were ready for approval. Ms. Mitchell moved approval. The motion was seconded by Mr. Theeman and passed unanimously. Other Business Mr. Gould indicated that Staff is still soliciting input from the Board relative to open space. The Board scheduled a workshop meeting on Tuesday, October 23, 2007. Ms. Mitchell asked what the status was of the Regional Open Space Plan. Mr. Gould explained that it is still in the funding stage to see which communities (13 in all) will be participating. There being no further items for discussion, the meeting was adjourned at 8:50 p.m.