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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 2 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 3 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. 4 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 5 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.” 6 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. 7