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HomeMy WebLinkAbout2004-04-07 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF APRIL 7, 2004 MINUTES Board Members Present: Richard Fournier, Chairman David Clark Robert Guerette Ryan King Hal Wheeler City Staff Present: Katherine Weber David Gould Peter Witham News Media Present: None Chairman Fournier called the meeting to order at 7:00 p.m. In the absence of Board Member Costlow, Associate Member King was asked to vote. CONSENT AGENDA Chairman Fournier called for a motion on the Consent Agenda. Mr. Guerette moved to approve the Consent Agenda. Mr. King seconded the motion that carried by a vote of 5 to 0. The items approved were: Item No. 1: Site Development Plan approval to fill and grade property located at 932 Finson Road – S.E. MacMillan Co., Inc., applicant. Mr. Stanley MacMillan asked if he could receive a longer completion date for his filling activity at the Finson Road site. He indicated that the old gravel pit will be the site of many years of filling in conjunction with various construction projects with excess material. Planning Officer Weber indicated the Land Development Code provided a two-year time frame for the completion of Site Development Plan approvals. An applicant could request an extension of their completion date prior to its expiration. The two-year time frame allows the City and Planning Board to monitor the progress of projects and keep up with changing conditions in the vicinity. PUBLIC HEARINGS Item No 2: Conditional Use/Site Development Plan approval to construct twelve four- unit townhouse buildings in a Low Density Residential District located at 1434 Ohio Street. Fox Run Associates, LLC, applicant. Chairman Fournier opened the Public Hearing and asked for the applicant or their representative to make a brief presentation. Mr. Fred Marshall of Plymouth Engineering representing Fox Run Associates, LLC, explained the history of the applicants’ ownership of the property. Mr. Marshall noted that in the late 1980’s the property was proposed for a manufactured housing subdivision using a contract zone. That project was not built and a standard single-family subdivision was proposed in 2003. Due to rising construction costs and wetland mitigation the owners abandoned that proposal. The current concept is for attached residential housing that is a conditional use in the Low Density Residential District. The townhouse plan allows the development to be clustered at the front, upland portion of the site. Mr. Marshall indicated that there would be 12, 4-unit buildings. Building elevations were provided to show what they would look like. The plans were modified slightly to accommodate maneuverability of emergency vehicles. Fire hydrant locations were adjusted, and the plan now indicates four hydrants within the project. Mr. Guerette asked what the acreage of the developed portion of the site would be. Mr. Marshall indicated that the development occupied about a third of the parcel. The actual building and pavement was slightly less than 2 acres. Mr. King asked Mr. Marshall to point out the wetlands being impacted. Mr. Marshall identified the 3,117 square-foot wetland area being impacted. Chairman Fournier asked for any proponents. There being none, he asked for any opponents. Mrs. Victoria Holman of 1448 Ohio Street indicated that she owned about 1 acre of land abutting the project. She indicated that she had lived there for approximately 15 years. Mrs. Holman asked who the owners of the property were, and what was meant by a conditional use application. Mr. Marshall explained that Fox Run Associates, LLC were the owners, and that they are based in Windham, Maine. A conditional use is a specific category in the land use ordinance that requires the Planning Board to make specific findings as to the standards of Section 195-9 that deals with traffic, development intensity and compatibility. Mrs. Holman indicated that she had seen the area developed over time with a variety of development projects. The neighbors had directed all projects towards single family homes, something compatible with what they had in the neighborhood. Mrs. Holman indicated that Sunny Hollow, Al Benner’s project, was the first. They are all single family homes. The proposed project will be adjacent to existing single family parcels. All the recent development has been single family residential. Rental housing is inconsistent. The whole area has been expanding as a residential area, including Brown Woods Park. Mrs. 2 Holman presented 40 signatures of residents in opposition to the multi-family buildings. Mrs. Holman indicated that there is quite a lot of traffic on Ohio Street now, and speeds are well in excess of the posted limit. Mr. Dave Randall of 41 Dana Drive indicated that he was opposed to the project. He said that he felt that multi-family rental housing is not consistent with single-family homes. Presently, heavy morning traffic backs up at the intersection of Ohio and Griffin at the light. Ms. Helen Golding indicated that she lives at the intersection of Ohio Street and Blue Hill West at 1467 Ohio Street. She also sees heavy traffic at 7:30 a.m. She speculated that new traffic lights will be needed. Her records indicate that in 1985, the traffic count was 7,870. In 2001, the traffic count had increased to 11,000. The intersection at Ohio and Griffin has inadequate turn lanes. Mr. Francis Ellsworth of 1420 Ohio Street asked why the Planning Board should be concerned if the project was economical for the applicant. He also asked what happened to the originally proposed fencing. Mr. Ellsworth indicated this was not a consistent development type. Mrs. Rita Gallant of 42 Dana Drive indicated that they had just moved to this location and found it to be a quiet residential area. Townhouse development is inconsistent. Ohio Street cannot accommodate the additional traffic from additional apartment units. Mrs. Louise Morin Smith of 1541 Ohio Street indicated that she has resided there for 18 years. She raised her children there, and said that it is a nice location. She noted that traffic has tripled in her tenure. Much of it is too fast. She stated that many small children live in the area now. Mr. Joe Gallant of 42 Dana Drive said that there was a wooded area next to the project site that is wet well into the summer, and asked if additional stormwater would be added to compound that problem. Mrs. Victoria Holman indicated that she was familiar with rental properties that may be occupied by younger people with more visitors. She stated that the life style of renters is different than that of single family development. Mr. Wheeler asked what is the essence of the objection. He questioned that isn’t a town house unit residential? Mrs. Holman indicated that only single-family residences are consistent with the neighborhood. Mr. Wheeler inquired are not some retirees renters? He indicated that he understood homeowners’ concerns about change. Things do change; but it is the quality of development that we should be concerned about, and it’s consistency with our code requirements. It would not seem to be prudent to halt development. As for traffic issues, they should be directed to the Police Department that has proven effective in these maters. Mrs. Holman indicated that she was not against development, just specific types. She did not want this portion of Ohio Street to become like Ohio Street between Westland and Griffin Road. Chairman Fournier asked Mr. Marshall if he would like to respond to any of the issues raised by the opponents. Mr. Marshall indicated that traffic is an issue State-wide. Traffic volumes increase as new development occurs. Mr. Marshall indicated that the level of traffic generated by the proposed project is relatively small when compared to the total Ohio Street 3 volumes. The project does not warrant review by the Maine Department of Transportation. The proposed project is not intended to be assisted housing. Mr. Guerette asked about the number of bedrooms and size of units. Mr. Marshall indicated the units would be 576 square feet per floor with two bedrooms upstairs. Mr. Clark indicated that the change from single family dwellings to apartments may be of little significance traffic-wise. Chairman Fournier asked for any other opponents. There being none, he asked for Staff comments. Ms. Katherine Weber, Planning Officer, indicated that this applicant, Fox Run Associates LLC, requests Conditional Use and Site Development Plan approval to construct 12, four-unit townhouse buildings at 1434 Ohio Street in a Low Density Residential District. Ms. Weber noted that every district has permitted and conditional uses. Those that are conditional uses must meet additional conditional use standards. Planning Officer Weber read the definition of Attached Residential “A complex of residential structures consisting of individual self- contained dwelling units and/or accessory use structures which are joined by a common wall but accessible only directly from the out-of-doors and not through the interior of other joined units.” Ms. Weber noted that that use is a Conditional Use in the Low Density Residential District. She also noted that the Planning Board has no review of occupancy types (owner occupied or renter occupied). The proposed conditional use must be a minimum of five acres, it must meet the requirements of Article XIX, and receive approval under Article XVI. Ms. Weber indicated that the Staff finds that the application meets the specific conditions. The parcel is in excess of 9 acres. The LDR density is 5 units per acre for Attached Residential, with no more than 6 units in a single building. The project proposes a density of 4.98 units per acre, and no more than 4 units in any building. The project meets applicable lot coverage, setbacks, and minimum parking standards. With respect to the standard conditions for granting Conditional Use approval, Staff finds that the applicant’s agent has submitted traffic calculations for existing and proposed conditions based on Residential Townhouse use with a p.m. peak hour of 26 trip ends. The proposed buildings are two-story “townhouse” style units with individual outside access doors. The project will be served by public sewer and public water service. The project has 4 fire hydrants for fire protection. The plan indicates 96 proposed parking spaces. This type of development is appropriate for the location given the large lot size (9.62 acres) and architectural style of the proposed dwelling units. Ms. Weber noted that the City Engineer’s Office has reviewed the project’s stormwater management plans and finds them acceptable. She concluded that Staff finds the application complete and consistent with the standards for Conditional Use and Site Development Plan approval. Mr. Guerette asked the Planning Officer how the project met the density of the LDR District. Ms. Weber indicated that the density is based on the parcel size divided by the number of units in the project. Mr. Guerette asked if the Comprehensive Plan covered this part of the City. Ms. Weber indicated that it did, and it was intended for Low Density Residential development consistent with the proposed project. 4 Mr. Wheeler reviewed the various permitted and conditional uses in the LDR District. The statement of purpose provides for innovative or traditional designs. Member King asked how the Board should interpret building bulk, height, and land area ratio to building area for this project. Planning Officer Weber indicated that the Board Members should formulate their own opinion. She indicated that the building modules were not out-of-scale and the overall density of the development was consistent with Low Density Residential development. Mr. Clark noted that traffic is an ongoing issue around the city. Mr. Clark moved to approve the Conditional Use application for Fox Run Associates. Mr. Wheeler seconded the motion. The Board voted 3 to 2 in favor of the motion. Mr. Clark then moved to approve the Site Development Plan application. Mr. Wheeler seconded the motion. The motion passed by a vote of 3 to 2. Chairman Fournier noted to pass on the issues of traffic on Ohio Street to the City Engineer. APPROVAL OF MINUTES Item No. 8: Planning Board Approval of Minutes. Mr. Guerette moved to approve the Minutes of the March 16, 2004 Meeting. The motion was seconded by Mr. King, and it passed by a vote of 5 to 0. OTHER BUSINESS There being no further business to come before the Board, the meeting was adjourned at 8:28 p.m. 5