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HomeMy WebLinkAbout2004-08-03 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF AUGUST 3, 2004 MINUTES Board Members Present: Robert Guerette, Chairman Patricia Cummings Ryan King David Clark Hal Wheeler Bill Masters Nathaniel Rosenblatt Jonathan Siegel City Staff Present: David Gould James Ring Lynn Johnson News Media Present: Bangor Daily News Chairman Guerette called the meeting to order at 7:00 p.m. CONSENT AGENDA Item No. 1: Site Development Plan approval to create a Flag Lot between and behind 139 and 145 Lancaster Avenue in a Low Density Residential District. Land Investments, Inc., applicant. Chairman Guerette informed the Board that the applicant had requested that this item be continued. PUBLIC HEARINGS Item No. 2: To amend the Land Development Code by changing portions of parcels at 109 Haskell Road and at 720 and 754 Mount Hope Avenue from General Commercial and Service District to High Density Residential District. Said portions of parcels containing approximately 43 acres. Hampden Homebuilders, Inc., applicant. C.O.# 04-237 Chairman Guerette informed the Board that the applicant had requested that this zone change application be withdrawn. Item No. 3: Conditional Use/Site Development Plan approval to add a drive-thru automatic car wash in a Shopping and Personal Service District. Leadbetter Realty Trust, applicant. Chairman Guerette opened the Public Hearing, and asked for proponents. Mr. John Frawley, Civil Engineer, representing the applicant, indicated that the applicant was requesting Conditional Use and Site Development Plan approvals to add an automatic car wash addition onto the existing convenience store building located at 332 Stillwater Avenue. Mr. Frawley discussed the site and layout. He indicated that it would take four minutes to a wash car, and that there was adequate queuing space provided on site to handle the flow of traffic around the building entering into the car wash. Mr. Frawley noted that there are 21 parking spaces proposed while 14 spaces are required by the Ordinance. A loading space is proposed at the rear of the building. The applicant is proposing to add one light to the rear of the building. Mr. Frawley told the Board that he felt that the site development plan met all requirements of the Land Development Code for Site Development Plan approval. Mr. Frawley went on to discuss the conditional use criteria, indicating that he had updated the 2000 traffic study done for this site by Surry Engineering. Mr. Frawley said that the Institute of Traffic Engineer’s model for this type of use was used to determine traffic generation. The use model indicates that there would be 30 more trip ends as a result of this car wash addition. Mr. Frawley told the Board that there was adequate infrastructure in place at this location to handle this use because a major trunk line has been installed for the storm sewer parallel to Stillwater Avenue. Mr. Frawley said that he felt that this proposed car wash addition met the criteria for conditional use approval. Mr. Frawley also discussed the traffic improvements that were installed at the time that the convenience store was constructed. He noted that Stillwater Avenue was widened in this area, and the turning lane that was installed in front of this site has proven to be very effective in handling traffic in this area of Stillwater Avenue. He also noted that the opening of the Stillwater Avenue Interchange has also decreased traffic along this section of Stillwater Avenue. Mr. Frawley told the Board that the addition would have a flat roof and would continue the contours of the convenience store. Mr. Wheeler asked if there would be an attendant at the car wash. Mr. Frawley said that there would be an attendant, and explained that the proposed car wash was not a pull-through car wash. Cars would be parked and the car washing equipment moves over the car. Mr. Wheeler then asked what the peak hours of operation would 2 be, and what the hours of operation would be. Mr. Frawley said that, according to the Institute of Traffic Engineer’s Manual, the maximum peak time would be during the week, and the car wash would be open from 7:00 a.m. to 7:00 p.m., seven days a week. Mr. Clark indicated that he was also concerned about the hours of operation and also asked about noise levels. Mr. Frawley discussed a noise graph and described the decibel grades at different distances. He noted that the nearest dwelling unit to the car wash was 180 feet away. At this distance, the Interstate traffic would be louder than the proposed car wash. Mr. Siegal had concerns about the number of gallons of water used at peak hours, and how many cars could be washed during that time. Mr. Frawley indicated that it takes four minutes to wash a car; therefore 15 cars could be washed in an hour. He explained that the water used for washing cars is recycled three to four times. Mr. King had questions regarding the recycling of water, and whether or not the applicant proposed an oil separator. Mr. Frawley noted that the applicant would not be able to obtain a Building Permit without an oil separator. No one spoke either in favor of or in opposition to the conditional use request. Therefore, Chairman Guerette closed the Public Hearing, and asked for comments from Staff. Planner Gould explained that the applicant, Leadbetter Realty Trust is applying for Conditional Use and Site Development Plan approval to construct an 864-square foot addition for an automatic car wash to the existing convenience store located at 322 Stillwater Avenue in a Shopping and Personal District. Mr. Gould gave a brief history of this site and the 1999 Conditional Use and Site Development Plan applications that allowed the applicant to construct the convenience store at this location. Mr. Gould noted that the original approval was conditioned upon the applicant constructing off-site improvements that included a widening of Stillwater Avenue to add a turning lane at this location. Planner Gould also discussed the two specific conditional use criteria of the Land Development Code, noting that adequate queuing spaces for cars is provided, and that adequate on-site parking in support of this proposed use has also been provided on the Site Development Plan. In regard to the four standard conditions of the Land Development Code for the granting of a conditional use, Mr. Gould indicated that all four conditions have been met in that all district standards have been met, there would be no unreasonable traffic congestion as a result of this addition, adequate utilities have been provided on site, and that the use is appropriate for the location sought as this site has commercial uses on either side of it. Mr. Gould indicated that the Site Development Plan as submitted met all of the Ordinance requirements. For these reasons, the Planning Staff recommended approval of both the Conditional Use request and the Site Development Plan as submitted. 3 Mr. Rosenblatt noted that the traffic materials refer to the installation of a future traffic light, and asked the City Engineer when this would occur. Mr. James Ring, City Engineer, indicated that, in discussions with the Maine Department of Transportation, it was anticipated and hoped that the traffic light would be installed by the end of this year. Mr. Rosenblatt asked Mr. Ring if the 1999 traffic improvements installed by the applicant were a cause of concern. Mr. Ring said that they were not, and added that the City had extended the turning lane up toward Howard Street to facilitate traffic flow on Stillwater Avenue. There being no further comment, Chairman Guerette asked for a motion. Mr. Rosenblatt moved to approve the Conditional Use request of Leadbetter Realty, Inc. at 322 Stillwater Avenue. Mr. Wheeler seconded the motion. The Board voted five in favor and none opposed to the motion to grant Conditional Use approval. Mr. Rosenblatt moved to approve the Site Development Plan for Leadbetter Realty, Inc. at 322 Stillwater Avenue. Mr. Wheeler seconded the motion that also passed unanimously. Item No. 4: Conformity with the City of Bangor’s Comprehensive Plan and Land Development Code of the City’s application for a Municipal Investment Trust Fund Project Development for River’s Edge Improvements at the Bangor Waterfront on Front Street. City of Bangor, applicant Chairman Guerette reported that the public hearing for this item would be continued until the Board’s September 7, 2004 Meeting. APPROVAL OF MINUTES Item No. 5: Planning Board Approval of Minutes. Chairman Guerette indicated that there were four sets of Planning Board Minutes before the Planning Board for approval (Meetings of May 18, 2004, June 7, 2004, June 21, 2004, and July 6, 2004). Mr. Guerette noted that the Minutes of the July 20, 2004 Meeting were in progress, and would be forwarded to the Planning Board, subsequently. Mr. Wheeler moved to approve the Planning Board Meeting Minutes for the May 18, 2004 meeting, the June 7, 2004 meeting, the June 21, 2004 meeting, and the July 6, 2004 meeting. Mr. Rosenblatt seconded the motion. The Board voted five in favor and none opposed to approving all four sets of Planning Board Meeting Minutes. 4 NEW BUSINESS Item No. 6: Site Development Plan and Site Location of Development Modification approval to construct a 96-square foot greenhouse and relocate a portion of the left field warning track and fence in a Government and Institutional Service District. Husson College, applicant. Mr. Rosenblatt explained that during the previous Site Location of Development Act and Site Development Plan reviews that he had recused himself from the deliberations due to a potential conflict. He indicated that he now feels that he does not have a potential conflict and requested that the Board consider whether or not he should recuse himself from the discussion. Chairman Guerette indicated that he did not have a problem with Mr. Rosenblatt voting on this issue. Mr. Wheeler agreed, and added that he felt that Mr. Rosenblatt no longer had a conflict. Mr. Guerette asked for comments from the applicant or the applicant’s representative. Mr. Ray Bolduc of WBRC, A/E represented the applicant, Husson College. Mr. Bolduc explained that the applicant is proposing to amend their Site Location of Development Permit and amend the Land Development Permit for minor changes at the Husson College Campus. These changes include the addition of an 8’ X 12’ green house, and the adjustment of the outfield fence and warning track at the Winkin Baseball field. Mr. Clark asked why the College was adjusting the outfield line. Mr. Bolduc indicated that it had to do with specific clearance standards required by the NCAA for use of the field as a football field in the fall. Mr. Rosenblatt asked how close the field would move towards the neighboring Northwoods Apartments. Mr. Bolduc indicated that it would be approximately 15 feet to the property line. Mr. Bolduc noted that the buildings are setback from the property line. Mr. Rosenblatt asked if adequate area would be available to maintain the fencing and buffer. Mr. Bolduc indicated that there would be adequate area for maintenance. Mr. Guerette asked if there were any light or sound changes. Mr. Bolduc indicated that there would be no changes to the lighting or speaker systems. Mr. King asked if they could provide more detail on the proposed greenhouse. Mr. Dan Ham, Director of Physical Plant, indicated that the building was a modular kit building. Mr. Clark asked if the green house would be connected to a water line. Mr. Ham indicated that it would only use a seasonal connection via a garden hose. 5 Mr. Wheeler asked the applicant to describe the impact of sound or lighting in the proposed revision. Mr. Ray Bolduc indicated that there would be no changes to the lighting, seating, and the public address systems. There being no further questions from Board members, Chairman Guerette asked for Staff comments. Planner Gould indicated that the applicant, Husson College, seeks Site Location of Development Act Modification and Site Development Plan approval to construct a 96-square foot greenhouse, and relocate a portion of the left field warning track and fence in a Government and Institutional Service District. Mr. Gould indicated that these are minor changes. Under the provisions of the Site Location of Development Act, anything other than maintenance is required to return for site plan approval. The proposed greenhouse is within a courtyard of a building and will not even be seen by anyone outside of the building. All of the work occurring at the ballfield is on the inside of the planting buffer and protective netting. Mr. Gould stated that there will be no impact on sound system and seating location. Mr. Gould indicated that the proposed project will add 2,000 square feet of new impervious. Mr. Gould noted that the entire ballfield is underdrained so that stormwater does not runoff. Mr. Gould indicated that the plans are consistent with the SLODA standards and the Site Development Plan Approval standards. The Planning staff recommended that the Board take two votes; one for the Site Development Pan, and one for the Site Location of Development Act modification. Mr. Clark moved to approve the Site Development Plan for Husson College. Mr. King seconded the motion, and the Board voted unanimously to approve the Husson College Site Development Plan. Chairman Guerette asked for a motion on the Site Location of Development Act modification. Mr. Clark moved to approve the Site Location of Development Act modification. Mr. King seconded the motion, and the Board voted unanimously to approve the modification to the Husson College Site Location of Development Act permit. OTHER BUSINESS Mr. Hamer provided the Board with an outline of a proposed change to the public comment section of the Land Development Code. He indicated that no action is required at this time, but that the information is intended to keep the Board informed. Chairman Guerette noted that the Board had recently discussed the issue of public comment on site plans, and there was general agreement on the part of the board to hear relevant comments. Mr. King noted that this amendment could eliminate the ability to have a Consent Agenda. Mr. Wheeler noted that the final decision is with the City Council. Mr. Hamer indicated that the Board will be able to voice their concerns when it is sent to them as part of the standard process for amending the Ordinance. 6 Mr. Gould indicated that the Board should have a Memorandum from Planning Officer Weber on a proposed facilitation for the land use issues in Mall and Penjajawoc Marsh area. This issue will be before the City Council August 17, 2004 at 5:00 p.m. at the Transportation & Infrastructure Committee \[Note: Discussion by the Council on this th item is postponed until the September 7 ITC meeting.\] Mr. Gould indicated that some members had requested a second meeting of the Board to discuss the process for updating the Comprehensive Plan. Planning Officer st Weber has indicated that available dates would be August 24th or August 31. The meeting would likely be at 7:00 p.m. since that time seemed to work best for the majority of the Board. Mr. Rosenblatt indicated that he felt it was very important for the Board to get together again. st Members of the Board indicated that August 31 would be the better of the two dates. Mr. Gould stated that Staff would set it up and send out a reminder notice in advance of the meeting. Mr. King noted that Staff had done a great deal of work in the preparation of the meeting minutes and that this effort was appreciated. The Board agreed and recognized the Staff hours that go into the preparation of the meeting minutes. Chairman Guerette called for adjournment unless doubted. The Meeting adjourned at 8:02 p.m. 7