HomeMy WebLinkAbout2004-05-04 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF MAY 4, 2004
MINUTES
Board Members Present: Richard Fournier, Chairman
Frederick Costlow
Robert Guerette
Hal Wheeler
Ryan King
John Hanson
Bill Masters
City Staff Present: Katherine Weber
Peter Witham
David Gould
News Media Present: None
Chairman Fournier called the meeting to order at 7:10 p.m. He apologized
for the late start, but the previous Council subcommittee ran longer than
expected. In the absence of Regular Member Clark, the Chairman indicated that
Associate Members Hanson, King and Masters would alternate voting in that
order.
CONSENT AGENDA
Chairman Fournier called for a motion on the Consent Agenda. Mr.
Costlow moved to approve the Consent Agenda. Mr. Hanson seconded the
motion that carried by a vote of 5 to 0. The items approved were:
Item No. 1: Site Development Plan approval to add 3 handicap
parking spaces, replace existing handicap ramp,
regrade, and add new rear entry stoops in a
Government and Institutional Service District. State
of Maine Bureau of General Services, applicant.
PUBLIC HEARINGS
Item No. 2: To amend the Land Development Code by changing
submission requirements for a Land Development
Permit from three copies to five copies. City of
Bangor, applicant. C.O. # 04-126.
Chairman Fournier opened the Public Hearing and asked for comments
from proponents. Katherine Weber, Planning Officer, indicated that the
proposed ordinance change was to request that 5 copies of plans be submitted
instead of three copies that are presently required. While the Staff has, as a
matter of practice, requested five copies, the Ordinance only requires three
copies. Ms. Weber indicated that five copies are necessary to allow multiple
offices to review the plan simultaneously.
Mr. Wheeler asked if there would be a cost impact to the applicants. Ms.
Weber indicated that there is a cost implication of the amendment.
Chairman Fournier then asked for comments from other proponents.
There being none, Chairman Fournier asked for opponents. Again there being
none he asked for any additional Staff comments. Planning Officer Weber
indicated that the Staff recommended that the Planning Board recommend
passage to the City Council of Council Order #04-126.
Mr. Fournier indicated that Mr. King would be voting on this item. Mr.
Wheeler moved to recommend to the City Council that the proposed ordinance
revision be recommended to the City Council for approval. Mr. Guerette
seconded the motion. The Board voted five in favor and none opposed to
recommending approval of the proposed zoning amendment.
Item No. 3: To amend the Land Development Code by eliminating
the maximum building height limitation at the
minimum yard setback line in the Waterfront
Development District. City of Bangor, applicant. C.O.
# 04-125.
Chairman Fournier opened the Public Hearing and asked for comments
from proponents. Planning Officer Weber explained the details of the proposed
amendment to Section 165-135A contained in Council Order #04-125. The
amendment proposes to eliminate the building envelope standard from the
Waterfront Development District. The building envelope is one of several
standards that regulate the overall bulk of buildings, such as setbacks, floor area
ratio, lot coverage and building height. The building envelope creates a limit on
building height at the setback line which then increases as the building is
setback further from the minimum setback line to the maximum building height
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allowed in the district. The building envelope standard allows for additional light
and air movement around tall multi-story buildings.
Ms. Weber explained that in much of the Waterfront Development District,
development will occur on City-owned parcels. In those instances, the City will
negotiate the details of the development standards. The City can better control
issues such as views and sunlight better outside of the Land Development Code.
Mr. Hanson was concerned that this revision could alter the long range
plan for the waterfront, and impair public views of the waterfront. The City
removed old dilapidated buildings to preserve views, and the current proposal
will potentially alter that objective.
Mr. Hanson asked whether the proposed amendment would impact the
allowable height in the Waterfront Development District. Ms. Weber indicated
that it would not. The proposed amendment would only impact the construction
within the envelope area, specifically, the upper floors of multi-story buildings.
Mr. Masters indicated that it was his opinion that the amendment
defeated the original intent to protect waterfront views. Planning Officer Weber
indicated that on City parcels, the City would preserve views by other means as
each property is reviewed for development.
Mr. Guerette indicated that if the building envelope standard is negotiated
with developers on each parcel, then the end result may be achieved another
way. Ms. Weber indicated that the City can request numerous development
details that are not included in the Land Development Code when considering a
City parcel for private development.
Mr. Wheeler indicated that this flexibility may allow the City to leverage
other elements of a development proposal. The waterfront will not be built-out
overnight, but over many years. In his experience with the Savannah, GA
waterfront, a lack of municipal leverage resulted in a development that was less
than hoped for.
Chairman Fournier then asked for comments from other proponents.
There being none, Chairman Fournier asked for opponents. Again there being
none, he asked for any additional Staff comments. Planning Officer Weber
indicated that the Staff recommended that the Planning Board recommend
passage to the City Council of Council Order 04-125.
Mr. Hanson stated that anything that would impact and diminish the
waterfront was a bad idea. He expressed concern that all the planning for the
Waterfront would be lost if public views and access were lost by changing
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development standards. Mr. Hanson further expressed the concern that the
Board did little planning, and merely reacted to the day-to-day issues before
them. Such a process undermines the original concept, and the development
standards are too easily changed.
Mr. Costlow was concerned that the Staff was proposing this amendment
for one development. He thought that it is poor practice not to consider the City
as a whole, instead of the needs of one developer.
Mr. King asked if there would be other impacts or uses affected. Ms.
Weber indicated that this amendment does not alter uses, conditional use
standards, or other development standards. Mr. Masters was concerned that
more intensive development would adversely impact future access and public
views.
Mr. Wheeler indicated that he felt that Board Members were overly
concerned. Without the flexibility to negotiate projects, the development will not
occur. Mr. Wheeler felt that the Board should not impose their individual opinions
on Ordinance changes or projects. Without change, development cannot occur.
Mr. Fournier indicated that Mr. Masters would be voting on this item. Mr.
Gurette moved to recommend that the proposed Ordinance revision be
recommended to the City Council for approval. Mr. Wheeler seconded the
motion. The Board voted three in favor and two opposed to recommending
approval of the proposed amendment contained in C.O. # 04-125 to amend the
Land Development Code by eliminating the maximum building height limitation
at the minimum yard setback line in the Waterfront Development District.
APPROVAL OF MINUTES
Item No. 4: Planning Board Approval of Minutes.
Chairman Fournier moved approval of the Minutes of the April 20, 2004
Meeting to the next regular meeting.
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NEW BUSINESS
Item No. 5: Site Development Plan approval to create a Planned
Group Development on Maine Avenue in Government
and Institutional Service, High Density Residential,
and Urban Residence-2 Districts. University of Maine
System, Maine Public Broadcasting Corporation, and
Bangor Nursing and Rehabilitation Center,
applicants.
Chairman Fournier asked if a representative of the Applicant would make
a brief presentation. Ms. Helen Edmonds, representing co-applicants Maine
Public Broadcasting Corporation, University of Maine System, and Bangor Nursing
and Rehabilitation Center provided the Board a brief overview. The co-applicants
are seeking approval of a Planned Group Development because the original
campus is being parceled out to various ownership entities.
The multiple users of one property with separate ownership interests seek
the benefits of a unified development. No new development is being proposed.
A legal agreement between the co-applicants was distributed. The agreement
provides for access easements, internal buffers, and shared parking.
Mr. Hanson asked if there was new development contemplated in the near
future. Mr. David Wilson, University of Maine System, indicated that UCB is
planning to construct a small storage garage this summer.
Mr. Norm Heitmann, representing Bangor Nursing and Rehabilitation
Center, indicated that they may seek an expansion sometime in the future.
However, a Certificate of Need would have to be undertaken process prior to
expansion.
Mr. Forest Grant of 64 Dunning Boulevard asked why he had received a
notice if no development is proposed. Ms. Weber indicated that all abutting
property owners were sent a notice of the proposed Planned Group
Development. Mr. Grant indicated that he had concerns about past activities at
Maine Public Broadcasting.
Chairman Fournier asked for Staff Comments. Planning Officer Weber
explained that the applicants, Maine Public Broadcasting Corporation (MPBC),
University of Maine System (UMS), and Bangor Nursing and Rehabilitation Center
(BNRC), are seeking Planned Group Development approval for the existing
development complex comprising the University College Bangor (UCB) Campus,
The Maine Public Broadcasting facility, and the Bangor Nursing and Rehabilitation
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Center in Government and Institutional Service, Urban Residence-2, and High
Density Residential Districts.
She explained that a Planned Group Development (Section 165-69) is a
provision that allows multiple ownership interests to operate as a single
development entity under the provisions of the Land Development Code,
provided that legal agreements are in place to ensure compliance with the
District and other Standards.
In this instance, the UMS campus of UCB encompasses the properties of
BNRC and MPBC. All of these properties were originally constructed by the U.S.
Government as Dow Air Force Base, had no interior boundaries, and thus shared
parking facilities, sidewalks, utility lines, etc. The creation of the Planned Group
Development through specific covenants and easements will allow the current
three organizations to share parking, utilities, and access easements. This
arrangement will also remove the requirement for interior buffers between these
three entities.
Planning Officer Weber indicated that Planning Staff finds that the plan
and associated legal documents meet all of the standards in 165-114, A-J.
Therefore, Staff recommends Site Development Plan approval for a “Planned
Group Development” off of Maine Avenue with the condition that “The plans are
solely for the purpose of formalizing the Planned Group Development (165-69)
and do not alter the various applicants’ obligations under previously approved
site plans.”
Mr. Hanson indicated that he had affiliations with the University of Maine,
Maine Public Broadcasting and the Bangor Nursing and Rehabilitation Center. He
indicated that those affiliations in no way would bias his review of the application
before the Board. The Board concurred that Mr. Hanson had no conflict.
Mr. Hanson moved to approve the Site Development Plan for the
University of Maine System, Maine Public Broadcasting Corporation, and Bangor
Nursing and Rehabilitation Center, co-applicants, with condition as noted. Mr.
Costlow seconded the motion. The Board voted 5 in favor and none opposed to
approving the Site Development Plan to create a Planning Group Development
for the University of Maine System, Maine Public Broadcasting Corporation, and
Bangor Nursing and Rehabilitation Center, with the condition that “the plans are
solely for the purpose of formalizing the Planned Group Development.”
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Other Business
Mr. Costlow indicated that this was his last meeting after serving on the
Board five years. He indicated that he viewed the Board’s role as a policy
guiding group and differing views were helpful in that review. He said that “Too
often, flexibility is too easily given.” Mr. Costlow stressed that development will
still occur even without compromising those elements that the City holds
important and worthy of protection.
Planning Officer Weber extended sincere thanks to Fred Costlow, John
Hanson, and Rick Fournier for their service on the Board.
There being no other items for discussion, the meeting adjourned at 8:15
p.m.
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