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HomeMy WebLinkAbout2005-05-03 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MAY 3, 2005 MINUTES Board Members Present: Robert Guerette, Chairman Ryan King David Clark Nathaniel Rosenblatt Hal Wheeler Jonathan Siegel Laura Mitchell City Staff Present: David Gould Peter Witham Rodney McKay Lynn Johnson News Media Present: Bangor Daily News Chairman Guerette called the meeting to order at 7:00 p.m. CONSENT AGENDA Chairman Guerette asked if anyone wished to remove any of the items from the Consent Agenda for discussion. As no one wished to do so, Chairman Guerette asked for a motion. Mr. Wheeler moved to approve the Consent Agenda. The motion was seconded by Mr. Clark. The Board voted five in favor and none opposed to the motion approving the Consent Agenda. The items approved are as follows: Item No. 1: Request for extension of the completion date for construction of an 8,250-square foot addition to the existing maintenance building located at 92 Hayes Street in an Airport Development District. Maine Army National Guard, applicant. 2 Item No. 2: Site Development Plan approval to construct a 1,000- square foot addition to the existing maintenance building at 133 Davis Road in a Government and Institutional Service District for carpentry and appliance storage. Item No. 3: Site Development Plan approval to construct a 12,000 square foot building at 45V BanAir Road in an Urban Industry District. PUBLIC HEARINGS Item No. 4: To amend the Land Development Code by changing a parcel of land located at 300 Perry Road from Industry and Service District to Contract Urban Industry District. Said parcel containing approximately 3.25 acres. Masonic Temple Association, applicant. C.O. # 05-135. Chairman Guerette opened the Public Hearing and noted that proponents would be asked to speak first, followed by opponents, and then Staff. Mr. Wheeler indicated that he is not a Mason but that his brother is a 33rd degree Mason. He asked for a ruling on whether or not the Board felt that he has a conflict. It was the consensus of the Board that Mr. Wheeler does not have a conflict of interest. Chairman Guerette then asked for comments from the applicant. Mr. Guy Chapman, a Mason and a Shriner, represented the Masonic Temple Association. Mr. Chapman explained that on January 15, 2004, the Masonic Temple, then located on Main Street, was lost in a fire. Since that time the Masonic Temple has negotiated a sale of its land on Main Street as well as with this Perry Road site. Mr. Chapman noted that it was their intention to build a new one or two- story building that would house both the Learning Center and various York and Scottish Rites. Also, offices for the Demolay officers would be housed within this building. Mr. Chapman explained that the reason that they are applying for a Contract Zone Change is that the current Industry and Service District does not permit a fraternal organization use in the district. On the advice of City Staff, the contract conditions were proposed to include all of the restrictions and setbacks within the Industry and Service District. Mr. David Moyse, an abutting property owner, indicated that he was in favor of the proposed contract zone change. He indicated that he thought that this would fit well into this area. 3 Attorney Ray Bradford, a mason and representing the Masonic Temple Association, explained the process the applicant has gone through in its effort to find a suitable site to relocate to. Attorney Bradford indicated that he felt that the contract zone change request was appropriate both to preserve the character of the area and also to provide something that would look good for the City as well. No one spoke in opposition. The Chairman closed the Public Hearing and asked for Staff comments. Acting Planning Officer Gould indicated that this was an application for a contract zone change request for a 3.2-acre parcel located on Perry Road from Industry and Service District to Contract Urban Industry District. The parcel is presently vacant and is located in close proximity to the Cole Transportation Museum. This area of Perry Road and Farm Road is in the Bangor Industrial Park and is designated for industrial uses. The issue of compatibility is straight forward. The real question of zoning policy is should Urban Industry zoning fit in a place where there is an Industry and Service District. This application provides for the development standards of the Industry and Service District through a Contract Zone Change request. The applicant proposes to apply the Industry and Service District development standards to the Urban Industry District while allowing them to use the property for an Urban Industry use (fraternal organization). Mr. Gould indicated that the proposal as presented, is consistent with The City’s Land Use Policy and also consistent with the other uses in the Industry and Service District. Mr. Gould indicated that Staff feels that this request is consistent with the standards for granting a contract zone change and recommended that the Planning Board make a positive recommendation to the City Council. Chairman Guerette asked for a motion. Mr. Clark moved to recommend to the City Council that the Contract Zone Change request for 300 Perry Road for the Masonic Temple Association as contained in C.O. # 05-135 be approved. The motion was seconded, and the Board voted 5 in favor and none opposed to the motion recommending approval of C.O. # 05-135. Item No. 5: To amend the Land Development Code by changing a parcel of land located at 34 Perry Road from Industry and Service District to Urban Industry District. Said parcel containing approximately 4.57 acres. Perry Road, LLC, applicant. C.O. # 05-136. Chairman Guerette opened the Public Hearing and asked for proponents. Mr. Wayne Nason, representing the applicant, explained that he was in the process of starting up a truck equipment company and had chosen this property 4 as a location. In talking with City Staff, he discovered that in order to establish his business at this location, it was necessary to rezone the property from Industry and Service District to Urban Industry District. Mr. Nason said that he intends to install snow plows and truck equipment and have a small percentage of retail sales on the site. Chairman Guerette noted that the site is already developed and asked what changes were proposed. Mr. Nason indicated that they had no plans to change the site. As no one spoke in opposition, Chairman Guerette closed the Public Hearing and asked for comments from Staff. Acting Planning Officer David Gould noted that this is a similar request to the one in the previous item. However, in this instance it is not a contract zone change request. One major difference between the two is that in this case, it is an existing developed site. Mr. Gould indicated that this site was developed in the 1960’s as a 14,000-square foot truck terminal. The Land Use Zoning Policy calls for Industry and Service District. However, it has been recognized since 1983 that this is an area that the City needs to review. This existing 4.5 acres has a development on nearly two thirds of the site. Mr. Gould indicated that when the applicants talked with the Code Enforcement Office they were told that their business would not be allowed in the Industry and Service District and that one option would be to rezone the site. In reviewing this request, Staff suggested that the 3.0 acres of the site, that is currently developed, be rezoned to Urban Industry District and that the remaining 1.5 acres be left in its current Industry and Service District zoning. That way the applicant would be able to reuse the existing building while at the same time leave the remaining 1.5 acres in the Industry and Service District. This would maintain more of the intent of the Industry and Service District. Any new development that would occur on the remaining 1.5 acres would need to comply with the Industry and Service District standards. Mr. Gould noted that Staff had prepared an exhibit for the Board if they had an interest in amending the area to be rezoned to the 3.0 acres that is already developed. Mr. Gould indicated that the Planning Board is required to make a recommendation on the original request. However, if the Board wished to make a recommendation on something less than what the applicant originally requested, the Board would need to amend the Council Ordinance and recommend that the City Council adopt it, as amended. Mr. Gould indicated that it is the Staff’s recommendation that the Board recommend that the 3.0-acre portion of the site that is presently developed be rezoned to Urban Industry District. Mr. Rosenblatt had concerns about rezoning the parcel to Urban Industry District because the range of permitted uses between the two zones is quite 5 different and the Zoning Policy is for Industry and Service District zoning. Mr. Gould noted that while the permitted uses are more intense and potentially available, it did not seem to him that this site would lend itself to the Industry and Service District standards as it is a previously developed site. He noted that the real difference between this lot and the Masonic Temple lot is that the Masonic Temple lot is undeveloped and this project was built in 1965 and was paved in the front from property line to property line. The building lends itself largely to permitted uses and the conditional uses are unlikely on this site. Mr. King asked what the applicant thought of the reduction in area to be rezoned. Mr. Nason indicated that his proposed business meets the proposed requirements of the Industry and Service District zone except for their proposal for retail sales. He noted that his business is to install snowplows, truck bodies on trucks with some retail sales. Mr. Nason said that he had met with Mr. Gould and agreed with his suggestion to split the zoning. Chairman Guerette indicated that he usually did not like to see spot zone changes to allow for a particular use. However, this seems to be one of the more reasonable alternatives to accommodate this business and he indicated that he would support the split zoning on this parcel. Mr. Wheeler moved that the Planning Board recommend to the City Council that the 3.0-acre parcel located at 34 Perry Road currently zoned Industry and Service District be rezoned to Urban Industry District in accordance with C.O. # 05-136. Mr. Gould noted that in order to recommend less area, the Council Ordinance would need to be voted on as presented first and then the Planning Board could recommend an amended version of C.O. # 05-136 to the City Council for approval. Mr. Wheeler then amended his motion to recommend approval of the zone change request for the entire 4.5-acre site as contained in C.O. # 05-136. The motion was seconded by Mr. Rosenblatt. The Board voted two in favor and three opposed. Thereby the motion failed passage. Mr. King moved to amend C.O. # 05-136 to reduce the area to be rezoned from 4.5 acres to 3.0 acres to encompass the area that is already developed from Industry and Service District to Urban Industry District and recommend that the City Council adopt the zone change request contained in C.O. # 05-136 (As Amended) for 34 Perry Road – Perry Road LLC, applicant. Mr. Rosenblatt seconded the motion. The Board voted three in favor and two opposed to recommend approval of C.O. # 05-136 (As Amended) to the City Council. 6 Item No. 6: To amend the Land Development Code by changing a parcel of land located at 931 Union Street from Government and Institutional Service District to Shopping and Personal Service District. Said parcel containing approximately 4.86 acres. City of Bangor, applicant. C.O. # 05-137. Chairman Guerette opened the Public Hearing and asked for proponents. Mr. Rodney McKay, Director of Community and Economic Development, represented the City. Mr. McKay explained that this is the former “Slager Building” Army Reserve Center and is adjacent to the Eastern Maine Healthcare Mall (EMHC). The City has approved an agreement for a lease with an option to purchase with EMHC for this parcel. The intent of the rezoning is to provide the zoning for use by EMHC who is planning to construct a new building that will be shared by Affiliated Healthcare Systems and Capital Ambulance. Mr. McKay indicated that the proposed zone change is consistent with the Comprehensive Plan and existing zoning in the area. Mr. Benjie Grant, owner of the adjacent property (Nicky’s Drive-In), indicated that he supports the zone change but is concerned with any future location of additional traffic lights in this area. He said that he would like to go on the record that he has concerns about the location of an additional traffic light and indicated that he would like to come back before the Planning Board and participate in the discussion of site plan. Mr. Guerette asked how traffic might be handled. Mr. McKay indicated that a proposal has been made to close the existing entrance into the healthcare mall and relocate it further down Union Street. Mr. McKay said that the City is receptive that the entrance be closed and moved out further opposite the entrance to the gas station and car wash with the installation of a traffic light. Mr. McKay noted that one reason for it being moved is that there cannot be a traffic light installed at the present location because it is too close to Vermont Avenue. It would be safer to move it further down Union Street. As no one else spoke, Chairman Guerette closed the Public Hearing and asked for comments from Acting Planning Officer Gould. Mr. Gould indicated that this request is to rezone 4.86 acres at 931 Union Street from Government and Institutional Service District to Shopping and Personal Service District. The property was previously owned by the Federal Government and that is why it is zoned Government and Institutional Service District. The property was subsequently conveyed to the City. Mr. Gould indicated that the Comprehensive Plan Land Use and Zoning Policy Maps have identified this portion of Union Street as Shopping and Personal Service and that this change is 100 % 7 consistent. The Planning Staff recommended that the Planning Board recommend approval of the zone change request contained in C.O. #05-137 to the City Council. Mr. Rosenblatt moved to recommend adoption of the zone change request from Government and Institutional Service District to Shopping and Personal Service District at 931 Union Street for the City of Bangor as contained in C.O. # 05-137. Mr. Wheeler seconded the motion, which passed by a vote of 5 in favor and 0 opposed. APPROVAL OF MINUTES Item No. 7: Planning Board Approval of Minutes This item was deferred to the end of the meeting. NEW BUSINESS Item No. 8: Final Subdivision Plan approval for a 9-lot subdivision located on the west side of Mecaw Road of which 5 lots are located in Bangor in an Industry and Service District and the remaining 4 lots being located in the Town of Hampden. Mecaw Road Developers., LLC, applicant. Mr. Rosenblatt asked to recuse himself due to a conflict of interest. The Board voted unanimously in favor of a motion to honor Mr. Rosenblatt’s request. Chairman Guerette asked Ms. Mitchell to vote on this item. David Moyse of Mecaw Road Developers, LLC, explained the proposed subdivision indicating that 5 lots are located in Bangor and 4 lots are located in the Town of Hampden. Mr. Moyse indicated that essentially nothing has changed since the Planning Board approved the Preliminary Subdivision Plan on April 5, 2005. Mr. King asked the applicant when this subdivision would go before the Hampden Planning Board. Mr. Moyse indicated that it would be on the following Wednesday night. Chairman Guerette asked if the applicant would have any restrictive convenants for developers of those lots with areas of wetlands, and how that would be managed to insure that there would not be an infringement upon the wetlands in the future. Mr. Moyse indicated that there would be covenants that will be included in the Purchase and Sales Agreements. However, it was their 8 intent that wetlands be permitted and that a permit for the stream crossing on Lot 9 be obtained prior to selling the lots to make them more marketable. As no one spoke in opposition, Chairman Guerette asked Mr. Gould to give Staff comments. Mr. Gould indicated that this is a Final Subdivision Plan approval request to create 9 lots, 5 in Bangor and 4 in Hampden. The Board approved the Preliminary Subdivision Plan for this subdivision in early April. As the two municipalities are coordinating this, there is a signature block for each municipality as the subdivision needs to be approved by both communities. Mr. Gould noted that the City of Bangor has an open space requirement and that .38 acres of area will be preserved in an easement that will be protected, which is largely wetlands. Mr. Gould also indicated that Jim Ring, City Engineer, had reiterated his level of ease with the 66-foot right-of-way, as well as, the technical details of the road construction and stormwater drainage. Staff is still waiting for the various City offices to review the details Mr. Moyse provided them for improvement guarantees. Staff recommended Final Subdivision Plan approval with the standard condition that the applicant provide a suitable improvement guarantee within 120 days of approval. Mr. King moved to approve the Final Subdivision Plan for Mecaw Road Developers, LLC, with the condition that the applicant provide a suitable improvement guarantee within 120 days of approval. Mr. Clark seconded the motion. The Board voted five in favor and none opposed to the motion to approve the Final Subdivision Plan with condition for Mecaw Road Developers, LLC. Item No. 9: Site Development Plan/Site Location of Development Act Modification approval to construct a 15,000 square foot building for use as a long-term climate controlled vehicle storage facility located at Hayes Street and Florida Avenue in an Airport Development District. DOD Veteran’s Emergency Management/Maine Army National Guard, applicant. Chairman Guerette opened up the discussion and asked for comments from the applicant. Mr. Marc Larochelle of OEST Associates representing the applicant, explained that this is a proposal to construct a 15,000-square foot pre- engineered metal building with controlled humidity preservation for long-term storage of equipment. This building is adjacent to the maintenance building off of Hayes Street. He explained that the Site Development Plan also allows for a paved staging area for the humvees for repairs before being shipped off to Loring for retrofitting then to be brought back to Bangor and sent out. A detention area with a grassed filter would be created to address stormwater runoff. 9 Chairman Guerette asked if there would be heavy duty industrial or commercial activity on the site and if the applicant was sensitive to the use of chemicals at the Airport that might end up in local streams. Mr. Larochelle indicated that any maintenance that would be done on this site would be done at the maintenance facility and that there would not be sensitive chemicals in this building. Mr. Wheeler asked what the term of the lease with the City of Bangor was on this site. Mr. Larochelle indicated that he did not have that information readily available at the meeting. Mr. King asked if this building would be in keeping with the surrounding architecture. Mr. Larochelle indicated that this pre-engineered building would be consistent with the other buildings in the area and that it would be color coordinated with the new helicopter area and maintenance building. As no one spoke in opposition, Chairman Guerette asked for Staff comments. Mr. Gould indicated that this is an application for Site Development Plan approval and Site Location of Development Act Modification approval. Mr. Gould explained that the applicant is proposing to construct a pre-engineered building that would be used for the storage of vehicles. The OMS building expansion (maintenance building) received Planning Board approval last year. The plan also indicates a staging area for the vehicles when they come to the facility and then later are put into storage. The applicant has made provision for on-site stormwater detention. The City Engineer’s Office has reviewed the plan and finds it consistent with Site Development Plan and Site Location of Development Act Modification submittal requirements. The City Engineer did note that the Airport is a sensitive area in regard to stormwater run off and discharges. The detailed construction plans indicate that this has been addressed. The Planning Staff recommended approval of both applications as the plans meet all of the submittal requirements. Mr. Gould noted that the Planning Board should make a separate motion on each application. Mr. Rosenblatt moved to approve the Site Development Plan for the Maine Army National Guard located on Hayes Street. Mr. King seconded the motion. The Board voted four in favor and one opposed. Mr. Rosenblatt then moved to approve the Site Location of Development Act Modification for the Maine Army National Guard located on Hayes Street. Mr. King seconded the motion and it passed by a vote of 4 to 1. Mr. Wheeler indicated that he did not vote in favor of both motions based on the fact that his question regarding the term of lease with the City of Bangor had not been answered. While he indicated that it did not have any relevance to 10 the passage of this request, he said that he felt that this is the kind of information that should be available to the Board. He indicated that the Legal Staff should make certain that this information is available and it is of no fault of the Planning Officer and Staff. APPROVAL OF MINUTES Item No. 7: Planning Board Approval of Minutes. Chairman Guerette indicated that the Minutes for the April 5, 2005 Meeting needed to be approved by the Planning Board. Mr. Rosenblatt moved to approve the Minutes of the April 5, 2005 Planning Board Meeting. Mr. Wheeler seconded the motion. The Board voted unanimously in favor of the motion for passage of the April 5, 2005 Minutes. Mr. King noted that in the April 5, 2005 Minutes, Associate Member Masters had seconded a motion on an item that he was not voting on. He asked that if a member is not voting on an application if they can still second the motion. He indicated that he did not feel that the Minutes are wrong but asked for a clarification. Acting Planning Officer Gould indicated that one of the roles that the Staff has from time to time is to be a sort of traffic cop for the Board. Staff sometimes needs to interrupt to try and make sure that procedurally things are done right. In this instance where a Board Member should not have been involved in the motion, Staff did not interrupt the process. Mr. Wheeler suggested that it is not within the Staff’s responsibility, but that of the Planning Board. Chairman Guerette indicated that he would try and clarify this issue. Chairman Guerette noted that another Planning Board Workshop is scheduled for Tuesday, May 10, 2005 at 6.30 p.m. to continue the discussion on the Housing Element. It was noted that because the Board had just received copies of the April 19, 2005 Planning Board Meeting Minutes that they would be considered at the Board’s next meeting. Mr. Wheeler made a brief statement acknowledging his appreciation to those Members of the Board who attended the special meeting of the th Penjajawoc Task Force held on Thursday, May 5. At that meeting, the findings of the Task Force with regard to commercial development and environmental issues were made public. Mr. Wheeler said that this was probably an historic 11 event in the context of planning and zoning and all of the other issues pertaining thereto. This was a milestone to hear comments of previous adversaries that they have a much better understanding of the opposite points of view. There being no further items for discussion, the meeting adjourned at 8:12 p.m.