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HomeMy WebLinkAbout2006-08-01 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF AUGUST 1, 2006 MINUTES Board Members Present: Robert Guerette, Chairman Hal Wheeler David Clark Nathaniel Rosenblatt Laura Mitchell Jeff Barnes City Staff Present: David Gould Jim Ring Rod McKay Peter Witham Bud Knickerbocker News Media Present: Bangor Daily News Chairman Guerette called the meeting to order at 7:00 p.m. In the absence of Board Member Theeman, Associate Members Mitchell and Barnes were asked to alternate voting beginning with Mr. Barnes. CONSENT AGENDA As no one wished to remove the item from the Consent Agenda, Chairman Guerette asked for a motion. Mr. Rosenblatt moved to approve the Consent Agenda. Mr. Wheeler seconded the motion, which carried unanimously. The item approved is as follows: Item No. 1: Final Subdivision Plan Revision approval of a 29-lot subdivision located at 2730 Broadway in a Rural Residence and Agricultural District. Vaughn Smith, applicant. NEW BUSINESS Item No. 3: Site Development Plan approval to construct a 3,955 sq. ft. building with parking and associated site amenities for use as a dental office at 1387V Broadway in a Shopping and Personal Service District. James Sevey, DMD, applicant. 2 Mr. Vinal Applebee, Vice President of Ames A/E, represented the applicant who is seeking Site Development Plan approval. Also present was Ms. Shelly Lizotte the Project Engineer also with Ames A/E. Ms. Lizotte indicated that the applicant is seeking Site Development Plan approval for a new dental office located on Lot No. 1 of the recently approved subdivision owned by Judson M. Grant. Lot 1 is the lot adjacent to the existing Veterinary Clinic. The proposed 3,955 sq. ft. building will be served by public water and a private sewer that drains back to a pump station (that was approved with the subdivision). The applicant proposes 32 parking spaces and a single entrance which is actually on Lot 2 and is in an easement that was agreed upon at the time of subdivision plan approval. The plan has been designed to meet the State’s new stormwater standards and a filtration pond has been designed to handle the runoff from the parking lot and the building. The proposed buffers meet the standards of the Land Development Code and the back of the lot is a large wetland area which abuts an open space that has been reserved for the subdivision. Mr. Rosenblatt asked about the notation on the plan indicating a 20 foot access easement. Ms. Lizotte explained that this easement is to provide future access to the pump station in the event it is necessary to service it. Ms. Lizotte noted that this was part of the subdivision plan and was requested during that approval process. Chairman Guerette asked if it is likely that every lot that gets developed in this subdivision will have its own drainage system and detention pond. Ms. Lizotte said that most likely they would because part of the approval for the DEP Permit will include stormwater treatment systems for each individual lot. Ms. Mitchell asked how the overall DEP review of the subdivision would impact this one lot. Ms. Lizotte explained that this particular lot cannot be built upon until the DEP approves the SLODA application for the 7-lot subdivision. Mr. Gould explained that in some instances where the City and the DEP are sharing approvals, the City is very cautious about overstepping what is the City’s authority. In this instance the City has done its subdivision part and will review the site plan part and the DEP is doing the Site Location review of this which includes the stormwater. Staff is comfortable as long as the applicant understands that they cannot do anything on this site until they receive DEP approval. Staff is not uncomfortable if the Board approves this without that condition. No one spoke either in favor of or in opposition to this request. Chairman Guerette asked for Staff comments. Planning Officer Gould explained that this is an application that routinely would be on the Consent Agenda. However, Staff chose not to place it on the Consent Agenda because of the limited number of items on the Agenda and because at the time of final plan approval there was some concern by abutting residential property owners about what was going to occur here. Staff attempted to give the neighbors every opportunity to have input before the Board. Mr. Gould said that this use is a permitted use in the District, and the points of access, utility details, open space, and shared accesses were dealt with at the time of final subdivision plan approval. The details regarding the private pump station are included in the deed for this development. Staff feels that the Site Development Plan meets the intent of the Final Subdivision Plan approval and the Site Development Plan standards. Mr. Gould noted that in discussions with DEP it is their intent that when someone does a large subdivision that they 3 pre-design for development of each of the lots in advance such that when the subsequent lots are developed, the applicant, if they are within those parameters, does not have to reapply to do stormwater. As long as their approval for the seven lots models a certain amount of impervious area and the applicant sticks to that in their plan they do not have to go back to DEP again for approval. Staff recommended approval and the stormwater details were reviewed and approved by the City Engineer. As there were no other questions or comments, Chairman Guerette asked for a motion. Mr. Rosenblatt moved to grant Site Development Plan approval to the proposed development at 1387V Broadway, James Sevey, applicant. Mr. Wheeler seconded the motion. The Board voted unanimously in favor of the motion. Item No. 2: Planning Board Approval of Minutes. This item was continued to the next meeting as there were no Minutes for consideration. Item No. 4: Planning Board Discussion of the Technology and Service District. Chairman Guerette turned the meeting over for comments from the Planning Officer. Mr. Gould gave a brief history as to the creation of the Technology and Service District. He noted that this discussion went back to when the Maine Business Enterprise Park was created. At that time, the City had designs to create a high-end business park. Through the list of zoning districts that were available at the time, this Park was zoned Industry and Service District. This is the general industrial park district but is geared toward heavy industrial uses. From the beginning the thought and intent was that the Maine Business Enterprise Park would be something more, but no one had an idea of a different zone to do this. As it has developed, with the Malcolm Jones Technology Center, Bangor Savings Bank, Northeast Cardiology, and Sunbury Medical buildings they are all very significant private investments in this Park. As different uses came to the City over time, Staff struggled as to how to make those uses fit in the Industry and Service District in Maine Business Enterprise Park (knowing full well what we would allow in the business park we would also have to allow in other industrial parks elsewhere in the City). The idea of the creation of a new District for the Business Park was discussed at the time of the Comprehensive Plan Update. Mr. Gould indicated that the City has a long set of private deed restrictions that regulate development in the Maine Business Enterprise Park. They deal with landscaping standards that do not apply to other industrial districts, façade design review standards which are reviewed by the City Engineer, the Economic Development Director and the Planning Officer, plus a host of private covenant standards that are in addition to the zoning language. Through work with the Economic Development Department and the Legal Department, Staff came up with a proposed district, namely, the Technology and Service District. He noted that he was surprised that the Board had as many concerns as they did with the proposed District. Mr. Gould indicated that Staff would like to hear whatever issues the Board has so that they can be fixed before they actually apply the district on the ground. At the last meeting there was a suggestion that Mr. McKay be asked to come to the meeting to answer questions of the Board. Chairman Guerette said that one question that he had was in regard to the covenants as some of them actually sounded like Land Development Code items that govern in other zones in 4 the City. He asked if it would be appropriate to put some of those in the language that would govern this new District instead of having them as a second body of regulations. Mr. Rod McKay, Director of Community and Economic Development, indicated that he did not anticipate that there would be a lot of concern about what they were trying to do with the Technology and Service District. While he was not involved when the planning was originally done for the Maine Business Enterprise Park, he could only imagine that the then Economic Development Director would have wanted the most flexibility possible as to how development would occur in the Park in order to take advantage of any opportunity that came along. This is most likely why Industry and Service District was chosen. Mr. McKay indicated that his concern has been that there are uses that are allowed in the Industry and Service District that probably are not appropriate for a business park such as warehousing and truck distribution. The area has changed and there is more traffic now than anyone anticipated and it has become a major beltway across the City. With those concerns and because of the interest they get from time to time from people who want to develop uses that may not be appropriate for that location, they proposed the Technology and Service District. Mr. McKay pointed out that there are other Industrial Parks that are more readily useful as heavy industrial sites such as the BIA Commercial/Industrial Park which is near the entrance to the Airport on Grodfrey Boulevard (where there are 20 plus acres available), the BanAir Industrial Park (where there are 7 acres available), and the City just bought the Hirshorn property through the BanAir Corporation on outer Hammond Street (which is another 80 acres). The Economic Development Office feels that the heavy industry would be more appropriate in other locations than in the Maine Business Enterprise Park. Mr. McKay said that the Planning Staff did feel it was more appropriate to craft a New District rather than make changes to the Industry and Service District. Mr. McKay apologized for not bringing it to the Planning Board for discussion before it went to the City Council Committees for referral to the Planning Board and asked for the Board’s input, ideas and concerns that they may have. Mr. Rosenblatt indicated that there were concerns or questions about what lead to the particular mix of uses permitted. Another Board concern was how some of these uses might be defined or what they might mean. For example, the testing laboratory as one member had concerns about dramatic loud noxious testing procedures which is intended in this particular area. Mr. McKay indicated that the thought process was this should be an area for new businesses and new technology being developed in the park that provides jobs for area citizens. Those types of parks are typically located near a university or a higher education school. City Staff worked with the University of Maine Development Office who worked for the Target Technology Center in Orono, which is really an incubator. The thought process there was as companies grew and stabilized, and needed larger location, they could move to Bangor and be in the Maine Business Enterprise Park. What they did not think would be useful to that type of setting would be heavy truck traffic, warehousing, and loud manufacturing uses. Mr. McKay said another concern is while the City owns all of these lots and they control the development initially, once a lot is sold if the City doesn’t have anything in the deed covenants, all they will be governed by is the Land Development Code. They may sell land to a developer for a 5 development that they really would like to see. If the development should fail the next owner may do something totally different with it that the City may not want in that location. For example, if a warehouse distribution use is allowed in that zone the City and the Planning Board would be in a hard position not to allow it. Mr. McKay indicated that he felt that there should be something in the Ordinance that will control this. Ms. Mitchell asked if there currently are other undeveloped areas that this zone is considered for. Mr. McKay indicated that the City would only propose it for those areas that the City’s owns and controls through one of its development corporations. Otherwise, it is really up to the property owner and what they would propose. It might be appropriate for other areas but Staff has not considered other areas. Mr. Clark asked if there was any type of infrastructure that would encourage new development such as special programming, financing, funding, or utilities. Mr. McKay indicated that the City has available every type of incentive that any other community has. Locally, they have the ability to provide incentives over and above what other communities might be able to because of the City’s infrastructure such as the Airport. Mr. McKay said that they have a Community Development Business Development Loan Fund so that they can make loans, and tax increment financing. Under the right circumstances, the City might consider giving the land away instead of charging for it as the City owns the land. For example, the City purchased a building to make it available for L.L. Bean who wanted to lease and not own. That made sense because the City, through the Airport, owns the underlying land and it provides a good return to the Airport. The big difference is that the City of Bangor is willing to step forward and make the investment to attract those new technology businesses, make the investment for the community, and enjoy the tax revenues that come from that. Mr. McKay indicated that through the sale of the lots they are able to take this money to do the infrastructure improvements such as roads and underground utilities. As the City Development Director he would like to have those lots ready and available for development, permitted to the extent possible, have all of the environmental studies done that they can have done, so that when they talk to prospective developers and businesses who want to locate in the area they are ready to move. Mr. Rosenblatt said that in the list of permitted uses, day care center seems incongruous. Mr. McKay indicated that his office saw a need to provide services for employees as a method of attracting businesses to the park. They felt that a day care center would be a nice amenity so that people working in the parks around the airport could have a convenient location to leave their children for day care while they were working. They conducted a poll of the businesses in the area and concluded that it would that would be useful. Mr. Wheeler said that he felt that the process that the Mr. McKay and the Planning Office followed regarding the Technology and Service District was both appropriate and proper. This is in his view, he considered this a very proactive concept which has the very laudable purpose of not only finding a way to attract new types of enterprises into the City of Bangor, but to the extent possible to minimize the potential conflict of incompatible activities. Mr. Wheeler said that the Board is not a body that initiates such concepts. They have the right, the function, the option of oversight review, recommendation, and at times even second guessing. In his way of thinking, this is a commendable step in the evolution of the economic development process and 6 any small concerns that might be raised about this or that type of activity within such an area can be much more easily resolved by this action that you have taken and are recommending to the City. Mr. McKay indicated that he was ready to propose that certain areas of the Maine Business Enterprise Park be proposed for as zone change to the Technology and Service District but did not want to do so until the Planning Staff and the Planning Board Members were happy with the language of the District. Chairman Guerette asked if the covenants and conditions were Land Development Code items and if the applicant needed to have a variance for any one of these items, for example, building height, would it be a matter that would need to be brought before the Planning Board for consideration. He asked if in the case where there are covenants, conditions and restrictions and not land development code regulations, if there would be more flexibility in dealing with variances on these items or if they are hard and fast conditions that would imposed on developments. Mr. McKay indicated that the covenants cannot be amended without the acquiesce of all of the property owners in the park. So each time they propose an amendment they will have to go to the City, City Council and the property owners. The covenants are pretty rigid. Mr. Rosenblatt asked if the City planned to continue with the same set of covenants as many of these covenants will become academic as they presently prohibiting uses that would not longer be permitted if rezoned to Technology and Service District. Mr. McKay indicated that he was not opposed to amendments to the covenants that would make improvements to them. In some areas he said that he did not think that they go far enough. His concern is that they may sell a lot for a development that they want to see and he was concerned that if that development did not occur, that the business park standards be maintained. There has been a lot of money invested out there and the property owners who have made those investments deserve protection. While there could be many other uses that they have not thought of that might be desirable in the park but that he felt that this was a good start. Mr. Clark asked if the height restriction requirement is it because of airplanes or because the fire trucks can’t reach the tall buildings. Mr. McKay said that he did not feel it was because of the airplanes. He noted that he too some times questioned why there were height limits in the City. As there were no further comments, Chairman Guerette thanked Mr. McKay for being available to answer questions from the Board. As there was no further discussion, the meeting was adjourned at 7:45 p.m.