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HomeMy WebLinkAbout2005-09-06 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF SEPTEMBER 6, 2005 MINUTES Board Members Present: Robert Guerette, Chairman Hal Wheeler David Clark Ryan King Nathaniel Rosenblatt Laura Mitchell City Staff Present: David Gould James Ring Peter Witham Lynn Johnson 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 any of the items, Chairman Guerette asked for a motion. Mr. Rosenblatt moved to approve the Consent Agenda. Mr. Wheeler seconded the motion, which carried unanimously, the items approved are as follows: Item No. 1: Site Development Plan approval to construct a 2,003 gross square foot addition to the existing building located at 546 Main Street for restaurant use in an Urban Service District. Heng Luu, applicant. Item No. 2: Site Development Plan approval to construct four, 30’ x 100’, self-storage unit structures at 235 Bomarc Road in an Urban Industry District. Bomarc, Inc., applicant. 2 Item No. 3: Site Development Plan approval to co-locate a wireless communications antenna and related facilities on existing tower and construct a 345 sq. ft. equipment shelter at 340 Bomarc Road in an Urban Industry District. Cellco Partnership, d/b/a Verizon Wireless, applicant. OLD BUSINESS The Planning Board discussed Item No. 7 out-of-order as the applicant for Item No. 4 had not yet arrived at the meeting. Item No. 7: To amend the City of Bangor’s Comprehensive Plan 2000 by adding the Final Report of the Penjajawoc Marsh/Bangor Mall Task Force dated May 2005. Chairman Guerette noted that Staff had prepared a summary of the comments made at the last meeting for this item. As Staff has not had an opportunity to give its comments, Chairman Guerette asked Acting Planning Officer Gould to do so. Mr. Gould noted that this is an incredible effort by the parties involved to come to an agreement regarding issues in the Stillwater Avenue/Penjajawoc Marsh area. Mr. Gould said that the Final Report is now before the Planning Board to make a decision as to whether or not to adopt it as part of the City’s Comprehensive Plan 2000. Mr. Gould indicated that the report does include a number of recommendations, a strategy for development and numerous recommend development policies that would necessitate amendments to the Land Development Code. The recommended goals and policies, although not always clearly articulated as such, mirror identical issues and goals discussed by the Planning Board in neighborhood meetings and subsequent workshop sessions. As noted in Memo there are a variety of interesting points within the Report, some of which will need to be discussed further at some point. Mr. Gould indicated that some of the points worth noting are the concept of mandatory clustering. This is a unique concept, and is most often, cluster development works as an option and this proposal suggests a mandatory development path. Another unique concept is for the provision on-site waste disposal for extremely small lots. The City has held that sites that have on-site waste disposal need to be at least one acre in size. The Report recommends lots as small as 10,000-sq. ft. with on-site waste disposal, which could be a concern. Mr. Gould indicated that the Final Report does not include information regarding the discussions as to the actual compromises. However, it does offer guidance and is a useful tool for the Board and the City as it promotes cluster development, development of an open space plan, and interconnected trail systems. The Report does recommend 3 specific traffic improvements for the Mall area. If not for this plan, there may not be a blueprint for traffic improvements in the Mall area. Mr. Gould indicated that for the Board to adopt the Final Report, it would show the Board’s support for the process. Mr. Gould indicated that the Final Report also includes a number of planning concepts that will serve the City well beyond the Mall area. These concepts may work on Union St., Ohio St. or other places. As a whole, the plan offers many benefits. The land use regulation details will come before the Board as Ordinance amendments for a Public Hearing. This step will allow for the Task Force, City Council and the Planning Board to formulate a package that everyone is comfortable with. Mr. Gould indicated that the Planning Staff recommends support of adding the Final Report of the Task Force to the Comprehensive Plan 2000. The next step in the process will be the development of language to incorporate the recommendations of the Final Report. Mr. Clark indicated that he felt that the Task Force’s Final Report is good for this area as well as other areas of the City. He asked if there were any concerns regarding the wording that would hinder development in this area by making it too restrictive, or would it be something that most developers could deal with. Mr. Gould explained that the Comprehensive Plan is a document that says a lot of things and different parts of it may seem contradictory. Whenever the Board needs to make decision, the Comprehensive Plan is used for guidance but it is not always crystal clear. In such cases it is the wisdom of the Board to make decisions. At some point the Board may want to look back and make changes, and developers will need to come back before the Planning Board for approvals. The Planning Board and the City Council are free to interpret this amendment as it will not tie the Board’s hands. It will be up to the Planning Board to interpret it as they interpret the Comprehensive Plan now. Mr. Rosenblatt indicated that he was thinking of making the motion to replace this for the Bangor Mall Subarea Plan, which is presently out-of-date and not serving any useful purpose. He asked if there would be problems with doing that or if it would disrupt other parts of the Comprehensive Plan. Acting Planning Officer Gould indicated that this would be an excellent idea as the current appendix has lived out its useful life. By adding the Task Force Final Report, the other parts of the Comprehensive Plan will not be disrupted. Mr. Wheeler pointed out that if the Board takes action to replace Appendix D then this is an amendment to the Comprehensive Plan and will require a public notice and hearing. Mr. Gould indicated that this is a fair point to raise and suggested that the Board adopt this as an addendum. When the Comprehensive Plan Update is complete then the Board can go back and amend the Comprehensive Plan. 4 Mr. Wheeler indicated that he wished to go on record that he would not vote against the motion as he does not want to diminish the spirit of collaboration that produced the Final Report of the Penjajawoc Marsh/Bangor Mall Task Force. However, he indicated that incorporation of the Report into the Comprehensive Plan causes him no small amount of uneasiness. Mr. Wheeler said that the creation of a Commission to accomplish the goals of both economic development and environmental interests by the process of mediation and compromise is a good thing. While the Comprehensive Plan is not an ordinance that must be obeyed in every detail, it is the blueprint and the guiding instrument for the Board’s planning decisions. Mr. Wheeler did express concern that this Commission could become the first of more such “advisory” groups which will seek to extend their influence over other areas of the city, and this could result in an erosion of the Planning Board’s discretion and flexibility which he believes are keys to successful growth of the community. Mr. Wheeler said that he did not want to see it spawn other such commissions that would gradually overshadow the Planning Board’s ability to discuss and deliberate on proposals in an unfettered fashion. Mr. Wheeler said that he hoped that his reservations will prove to be unfounded. Chairman Guerette noted that there has been much controversy every time an application came forward in the Mall Area. This Final Report is the result of some unusual means for an incredible compromise for a solution. He indicated that he wants to make sure that the adoption of the Task Force Report into the Comprehensive Plan does not conclude the Board’s deliberation and actions on this particular matter. Chairman Guerette said that this only opens the arena for the Board to have many more discussions and public hearings to entertain changes to the Ordinances. At each one of these subsequent meetings there will be opportunity to weigh all of these proposals on their own merits and also within the sprint they were arrived at. It will be an important guiding document in the final decision into the current ordinances and to make sure that the Board leaves itself open for healthy and thorough discussions as they arise. This is not a foregone conclusion just because the Board adopts it. Mr. Rosenblatt moved to amend the Comprehensive Plan 2000 by adopting the Final Report of the Penjajawoc Marsh/Bangor Mall Task Force dated May 2005. He noted that at the Public Hearing held last month every member of the public who spoke was in support of the Report. He said that there was a great deal of respect for the process the community undertook dealing with this very vexing problem and he felt that it was only right to support the outcome of the process and to move ahead to unite rather than divide the community. Mr. Clark seconded the motion. The Board voted unanimously (six in favor and none opposed) in favor of the motion to add the Final Report of the Penjajawoc Marsh/Bangor Mall Task Force to the Comprehensive Plan. 5 PUBLIC HEARINGS Item No. 4: Conditional Use/Site Development Plan approval for an outdoor recreation use located at 1017V Union Street (behind Wendy’s) in a Shopping and Personal Service District. The Fore C’s Corporation, applicant. Chairman Guerette opened the Public Hearing and asked for comments from the applicant. Mr. Mike Clendenning, of the Fore C’s Corporation, explained that they are proposing a golf practice facility to be located behind McDonalds, People’s Heritage Bank, and Concord Trailways on Union Street. Chairman Guerette asked the applicant how the development will sit on the site, where the boundary lines are, and how buffers will be created to keep it protected from others and protect the neighboring property from intrusion from the driving range. Mr. Clendenning explained that they are proposing to install a barrier net 200 feet in length and 40 feet in height. This will cover the parking lot beside Concord Trailways and protect against errant balls. The applicant is also proposing a buffer line around the residential property of Sunbury Village. There is some existing tree growth with older oak and birch trees and they are proposing to leave these trees for additional buffering. They propose a storage building to hold equipment. Mr. Clendenning explained that they wish to eventually move their retail store to this site but will have to come back before the Board in order to do so. Mr. Clendenning explained that there will be a light on the tee and the remaining lighting will shine out most directly at the range. A new drainage area as proposed that will actually improve the existing drainage. Mr. Rosenblatt asked how late they proposed to operate, how high the lighting is proposed to be and whether or not they are proposing to install a public address system. Mr. Clendenning indicated that during the summer they proposed to close at 10 p.m. and the lights would remain on until 11:00 p.m. to allow them to pick up the golf balls. They are proposing five lights approximately 30 feet in height and are not proposing a public address system. The only noise source will be from those hitting golf balls and baseballs. Mr. Wheeler had questions regarding the batting cages. Mr. Clendenning indicated that there are 3 units proposed. They are of a new design where a machine throws the ball and then there is a machine to go out and pick them up. Mr. Clark was concerned with noise from the carts that pick up the balls and how it might disturb the residents of abutting Sunbury Village Retirement complex. He 6 asked the applicant if every effort has been made to make this as neighborhood friendly as possible. Mr. Clendenning indicated that they looked into electric cars but they do not have enough power to pick up balls. However, the newer carts are very quiet and are much more quite than vehicles driving on the road. Mr. King said that he felt that this is a good opportunity to offer more outdoor recreation in Bangor. Mr. Guerette asked if there were concerns from the residential neighborhood, if the applicant would consider closing at 9:00 p.m. with a one-hour maintenance. Mr. Clendenning indicated that the store is open until 9:00 p.m. and it might be better to close both at the same time. He indicated that this would be an option. Mr. Bill Curtis, also of the Fore C’s Corporation, told the Board that they have been hearing positive comments from many patrons of their store. He noted that they are thinking of making a pathway to bring residents of Sunbury Village over to use the range. In speaking with neighboring business and the general public, there has been an explosion of excitement with overwhelming positive comments. Mr. Rosenblatt asked if Sunbury Village has had the opportunity to see the plans. Mr. Clendenning said that they have not seen the plans but they have asked in what direction the balls would be going. Mr. Brian Lee a Mt. Desert Drive resident and golfer, spoke in favor of the application saying that he felt that this would be a good facility for the City of Bangor. Chairman Guerette asked for opponents. There being none, he closed the Public Hearing and asked for Staff comments. Acting Planning Officer Gould indicated that this is an application for Conditional Use and Site Development Plan approval for an outdoor recreation use located at 1017V Union Street in a Shopping and Personal Service District (S&PS). The applicant operates Golf Country, a retail golf shop, in the Airport Mall and has obtained a lease for the vacant field for a proposed driving range. Traffic will have access through the Mall entrance on Union Street with a proposed driveway behind McDonald’s. The plan proposes a 32-space parking lot, a 576 square- foot storage building, a raised tee area, a pitcher’s and batter’s area, and a 300-yard by 110-yard driving range area. New buffer plantings are shown along some property lines and existing vegetation is proposed along others. The applicant has indicated that there will be no public address system so noise impacts should be limited to the hitting of golf balls and baseballs near the Airport Mall parking lot. Mowing equipment in the driving range will also be heard periodically. The boundary of the use area, and the driving range, will be 360 feet from the nearest residential building, Sunbury Village on Ohio Street. The applicant has provided a lighting plan that indicates extent and intensity of the light. The plan indicates preservation of a 45-foot deep dense buffer of existing mixed mature trees and brush along the High Density Residential boundaries to 7 more than satisfy the D-1 buffer requirement. A new D-1 buffer would require 4 evergreen and 4 deciduous trees, and 3 shrubs for each 30-foot deep by 100- foot length of property line. A “B” buffer will run along the rear of the Union Street commercial properties. The proposal meets the four standard conditions for granting a conditional use in that the development standards and use conditions of the district have been met; the site will have adequate utilities, fire protection, parking, drainage and other necessary site improvements; it will not create unreasonable traffic congestion; and it is compatible with the existing uses in the area. Mr. Gould explained that the proposal is also consistent with the conditional use standards of the Shopping and Personal Service District in that noise levels will not adversely affect adjacent property; it meets the setback boundaries from any residential district or existing residential building; outside lighting will not shine on residential properties; and a landscaping plan has been submitted by the applicant. Mr. Gould indicated that Staff finds that the plan submitted is complete and consistent with the Land Development Code Standards and Conditional Use Standards for Land Development Permit approval and recommended that the Planning Board grant the applicant both conditional use and site development plan approval. Mr. Wheeler asked what the demographic would be for the largest customer base in the evening hours. Mr. Curtis said that he thought it would be mixed. He noted that they do propose to work with schools, groups, and to work with kids to promote golf. Mr. Clark indicated that he did not like the use of aluminum bats and wondered about mosquito control. Mr. Curtis noted that they were looking at a mosquito vacuum. He indicated that he did not feel that the mosquito population would be that high as this is an in-town location. There being no further comments, Chairman Guerette asked for a motion. Mr. Rosenblatt moved to grant Conditional Use approval for the proposed outdoor recreation use located at 1017V Union Street for Fore C’s Corporation, applicant. Mr. Wheeler seconded the motion. The Board voted 5 to 0 in favor. Mr. Rosenblatt moved to approve the Site Development Plan for the proposed development at 1017V Union Street for the Fore C’s Corporation, applicant. Mr. Wheeler seconded the motion. The motion passed unanimously. 8 Item No. 5: To amend the Land Development Code by changing a parcel of land located at 213 Ohio Street from Contract Urban Service District to Contract Urban Service District. Said parcel of land containing approximately 14,000 sq. ft. Webber Oil Company, applicant. C.O. # 05-280 Chairman Guerette opened the Public Hearing and noted that the applicant’s representative had submitted a request that this item be continued to the Board’s next meeting, because he had another commitment and could not attend the meeting. Mr. Rosenblatt moved to continue the Public Hearing to the Board’s next regular meeting. Mr. Clark seconded the motion. The motion passed by a vote of five in favor and none opposed. APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes Mr. Rosenblatt moved to approve both the Minutes of the July 5, 2005 Meeting (As Amended) and the Minutes of the August 2, 2005 Meeting (As amended). Mr. King asked to abstain from voting as he was not present at the July 5, 2005 Meeting. Associate Member Mitchell was asked to vote. Chairman Guerette indicated that the motion would be approved unless doubted. The motion passed unanimously. Other Business Chairman Guerette noted that the Board had given Staff a reprise from preparations for the workshop sessions during the month of August. As the Planning Office is still understaffed and as much as the Board wishes to resume the workshop sessions, he suggested that the Board schedule only one workshop meeting in September and that it be held on September 27, 2005. Mr. Wheeler felt that the Board should extend Staff that consideration. Mr. Jim Ring, City Engineer, thanked the Planning Board for its support of the Penjajawoc Marsh/Bangor Mall Area Task Force Final Report. He indicated that the recommendations reflected in the Report are a good match with the Comprehensive Plan to provide guidance for development in this area. There being no further items for discussion, Ms. Mitchell moved for adjournment. Mr. Wheeler seconded the motion, which passed unanimously. The meeting was adjourned at 8:12 p.m. MEMORANDUM DATE: August 17, 2005 TO: City Council and Planning Board Members FROM: The Planning Staff SUBJECT: Contract Zone Change Request – 213 Ohio Street – Webber Oil Company In 2003 the applicant, Webber Oil Company, applied for and was granted approval of a contract zone change request at 213 Ohio Street. The property is an old nonconforming use that was abandoned and was rezoned to continue the nonconforming use. Now the details of the previous contract zone change require the applicant to request another contract zone change or return the property to a residential use. Please note that additions are underlined and deletions are struck out. A. Business or professional office only and limited to the existing gross floor area; B. Retail or Service Business limited to the existing gross floor area; B. C. Hours of operation shall Business hours will be limited to the hours of 7:00 a.m. and 69:00 p.m.; C. D. Signage will shall be limited to twenty-four (24) square feet and must meet all other Sign Ordinance requirements; D. Walk-in type of business shall be limited to 25% of sales; E. Parking will shall be appropriately marked in accordance with the Land Development Code. F. There shall not be any freestanding accessory buildings. G. The owner of the premises shall maintain the natural vegetative buffer on the north side of the property; H. If, after one consecutive year one year or twelve consecutive months, the building is not used for a business or a professional office, nor a retail, nor service business, the property use shall revert to an Urban Residence 2 District. The amended contract zone change conditions would allow the applicant to reuse the building for business or professional office uses and retail or service business uses while continuing to limit the hours of operation, limit signage on the property and maintain the existing vegetative buffer.