Loading...
HomeMy WebLinkAbout2004-06-15 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF TUESDAY, JUNE 15, 2004 MINUTES Board Members Present: Robert Guerette, Chairman David Clark Ryan King Hal Wheeler Pat Cummings Jonathan Segal Nathaniel Rosenblatt City Staff Present: Katherine Weber David Gould Peter Witham Chairman Guerette called the meeting to order at 7:00 p.m. CONSENT AGENDA Planning Officer Weber indicated that the City had not received delegated authority to review the Site Location of Development Act Modification, for Item No. 2, BIA Commercial-Industrial Park SLODA Revision. Therefore, she noted that that item should be removed from the Consent Agenda. Chairman Guerette then asked for a motion on the remaining items. Mr. Rosenblatt moved to approve Items No. 1 and No. 3 on the Consent Agenda. Mr. Wheeler seconded the motion. The Board voted five in favor and none opposed to approving the Consent Agenda as follows: Item No. 1: Site Location of Development Modification and Site Development Plan approval to construct a 1,200- square foot addition to the Bangor Mall in a Shopping and Personal Service District, Banmak Associates, applicant. Item No. 3: Site Location of Development Modification/Site Development Plan Approval to construct a 2,176- square foot garage and sand salt storage building in a Government and Institutional Service District. University of Maine at Augusta, applicant. Item Removed from Consent Agenda Item No. 2: Final Plan Revision to amend the BIA Commercial- Industrial Park Subdivision. City of Bangor, applicant. Chairman Guerette asked for a representative of the applicant to make a brief presentation on the project. Mr. Rodney G. McKay, Director of Community and Economic Development for the City of Bangor, indicated that the proposal before the Board was to transfer approximately nine-tenths of an acre from one parcel to another in the BIA Commercial-Industrial Park. Mr. McKay noted that since the Department of Environmental Protection has not given the City Delegated Authority to review the revision to the Site Location of Development Act modification, that application will have to appear before the Planning Board at another time. Mr. Rosenblatt asked if the proposed change would affect the site plan? Mr. McKay indicated that it would not. Mr. Rosenblatt asked if the revised lotting will meet the minimum lot standards of the district. Planning Officer Weber indicated that they would. Mr. Wheeler moved to approve the subdivision plan revision for the BIA Commercial-Industrial Park. Mr. Clark seconded the motion, and the Board voted unanimously to approve the subdivision revision. PUBLIC HEARINGS Item No. 4: To amend the Land Development Code by changing part of a parcel of land located at 750 Stillwater Avenue from Rural Residence and Agricultural District to Shopping and Personal Service District. Said area consisting of approximately 50 acres. Estate of Irene L. Averill, applicant. C.O. #04-173. Chairman Guerette opened the Public Hearing and asked if the applicant or representative of the applicant would make a brief presentation. Mr. Wheeler moved that the speakers be asked to limit their comments to no more than 10 minutes each. Mr. King seconded the motion, and the Board voted unanimously to request that speakers limit the duration of their presentations. 2 Mr. Jim Parker of Civil Engineering Services, Inc. indicated that he represented the Irene Averill Estate and introduced Ms. Cindy DeBeck as the representative of the Estate. Mr. Parker indicated that the property had been historically used for farming but that those days were ending. Based on information from the Bangor Planning Office regarding the City’s long-term land use policy, they requested the zoning of 50 acres be rezoned to Shopping and Personal Service District. Mr. Parker indicated that the representatives of the estate are open to any discussions concerning open space and buffers around the Penjajawoc Marsh. Mr. Parker indicated that given that the property is somewhat distant from the Marsh, wetland buffers would likely fall on other property owners. While there is a lot of speculation concerning the development of this parcel, no development entity is presently planning a project. There are several development companies interested. Mr. Parker indicated that the commercial zoning needs to be in place before any developer is going to spend much effort in designing a project much less discussing open space buffers. Based on the finding that the proposal is consistent with the City’s Comprehensive Plan, the request should be looked upon favorably. Mr. Parker indicated that the estate needs some income to continue to pay the taxes and other obligations that it has. Attorney Charlie Gilbert representing the Estate of Irene Averill indicated that the past use of the property was farming. Since Mrs. Averill’s death about 10 years ago, the family has found other ways to pay the annual tax bill. Attorney Gilbert pointed out that none of the land requested for rezoning is in a Resource Protection District. There are presently no development plans for the property. The request is simply to bring the property into consistency with the City’s long- term land use plan. No commercial development can take place on the property until the property is rezoned. Ms. Susan Harris, 722 Stillwater Avenue, indicated that she was in support of the rezoning request. Ms. Helene Whitty, 93 Packard Drive and owner of property at 724 Stillwater Avenue, indicated that she was in support of the rezoning request. Ms. Carrie Stupak, 750 Stillwater Avenue, indicated she was in support of the rezoning request. Ms. Jeanne Rudnicki, Gilman Road, indicated she was in support of the rezoning request. Ms. Cindy DeBeck, provided the Board with a history of the family’s ownership of the property dating back to 1897. Many portions of the original parcel are now developed into various commercial properties along Stillwater Avenue. Ms. DeBeck was interested in building a residence on the rear 20-acre portion. 3 There being no other proponents, the Chairman asked for comments from opponents of the proposed zone change. Attorney Ed Gould, representing Bangor Area Citizens Concerned For Responsible Development, (BACORD) indicated that BACORD was always open to discussion of issues relating to the preservation and the ecology of the Penjajawoc Marsh. Attorney Gould indicated that he found the proposed rezoning a change to a more intensive use in an area very close to the edge of the marsh. The applicant is requesting commercial zoning at a depth much greater than any of the surrounding properties. Attorney Gould noted that the marsh’s ecosystem does not end at the edge of the Resource Protection District. Attorney Gould said that the proposed change is inconsistent with the Comprehensive Plan and inconsistent with the zoning of surrounding properties. The Comprehensive Plan, Mall Area Sub Plan indicates that a detailed open space plan would be developed. Unfortunately, that has not been done. The Plan noted that, due to traffic limitations limiting commercial zoning until adequate infrastructure was in place, was an option. If in fact a Comprehensive Plan revision was to be undertaken soon, wouldn’t it be best to wait until it is completed instead of rushing to change this parcel now. Christina Diebold, 70 Palm Street, indicated that she had a letter from Donna Fichtner, Executive Director of the Greater Bangor Convention and Visitors Bureau. Ms. Diebold read the letter that indicated Ms. Fitchner’s desire to have a market study undertaken on the tourist value of the Penjajawoc Stream and Orono Bog Walk. She also encouraged the Planning Board to research what was being done in other States relative to Eco-tourism. Ms. Judy Kellogg Markowsky of Maine Audubon, indicated that the organization was preparing information to share with the City on land use guidelines for the area around the Penjajawoc Marsh. Ms. Markowsky has often seen tourists come into Bangor and travel elsewhere to see various bird species. These people could stay in Bangor if the local resource were developed appropriately. The Board should proceed cautiously, and not rezone the property before the environmental impacts of the marsh are fully understood. Mr. Fred Costlow, of 237 Nowell Road, indicated that there was a wealth of good environmental data in the former Widewaters submissions that the Board should review. The current Comprehensive Plan is dated, and relies on old information. Mr. Costlow noted that once the property is rezoned, the owners would have certain rights vested in the zoning that may not be able to be negotiated away. If details were to be negotiated, that should occur before the zoning is amended. Mr. Wheeler asked Mr. Costlow how long it would take someone to review the literature and formulate a strategy. Mr. Costlow indicated it was more likely months, not years. 4 Ms. Valerie Carter, 112 Birch Street, urged the Board to deny the request. She indicated that BACORD was open to dialogue on the issues. Ms. Carter was concerned that the rezoning would lead to development that would add to the cumulative impact of stormwater runoff. More development would add to the traffic congestion on Stillwater Avenue. The Comprehensive Plan relies on old data. Ms. Virginia Graham, Court Street, indicated that the Board should further study all of the options before jumping to rezone the 50 acres. Ms Graham indicated that some means of compensation should be made to the property owner while the City reviews the details of the future land uses. Mr. Dick Andren of Dixmont indicated that the proper marsh buffers could be scientifically determined through the proper biological/ecological study. Mr. Wheeler asked Mr. Andren how long such an analysis would take. Mr. Andren indicated, that if it were based on existing data, it could be done in several months. Ms. Hope Brogunier, 60 Leighton Street, indicated that there was a need for more open space. The potential to utilize the marsh as a tourist attraction needs to be explored. The Penjajawoc draws people from all over the country. Bangor citizens consider open space preservation highly important. The land surrounding the marsh is important open space. Chairman Guerette asked if there are efforts to acquire property for preservation. Ms. Brogunier indicated that landowners, users, birders, and conservationists have not had such a discussion. She noted that requests like this one may accelerate such discussions. Certainly the creation of the land trust may help. Ms. Judy Kellogg Markowsky indicated that the Maine Audubon estimates that it would be about two months to prepare a report on a land use strategy. Mr. Dick Andren, noted that the Bangor Land Trust had contacted all of the land owners along the corridor soliciting their interest in conservation easements and being involved in the open space corridor project. Mr. Robert Milardo of Newburgh indicated that two specific studies have been done on the Penjajawoc Marsh; the Gibbs Study in 1990 and the McCullough Study in 2002. The marsh is unique in its large variety of species and large number of total species. The Board ought to delay any decision until this data can be reviewed. Mr. Eric Sanders, 18 Plaisted Street, indicated that he hoped that the City would consider the value of the marsh in and of itself. He asked what the impact would be if it were compromised or lost. 5 Ms. Suzanne Kelly, 380 French Street, indicated that the Board should not rush to a decision on this request. The revisions to the Comprehensive Plan should take place first. New data cites the Penjajawoc Marsh as one of the State’s most outstanding in diversity. Mr. Carl Norton, 94 Fountain Street, indicated that the Comprehensive Plan states that the City should discourage development in significant wetland areas. This property is adjacent to such a wetland, and the specific details need to be investigated. There being no further opponents, Chairman Guerette asked if the applicant would like to respond to any comments. Attorney Charlie Gilbert told the Board that the present proposal did not propose to alter the marsh, did not impact any stream, and did not propose to change any Resource Protection Districts. He emphasized that the area is under consideration for rezoning is 50 acres of former farmland identified in the City’s Comprehensive Plan for commercial use. Mr. Gilbert noted that in the Widewaters application review, the Averill Estate was open to allowing access and parking on their property to provide access to the Marsh. The present rezoning request should be based on the present Comprehensive Plan. When a development entity is on-board would be a better time to discuss what accommodations could be made to further the preservation of the Penjajawoc Marsh. Ms. Cindy DeBeck indicated that she had made many attempts to work with BACORD and joined the Bangor Land Trust. Unfortunately, BACORD was unwilling to make any concessions to property owners. Mr. Jim Parker of Civil Engineering Services, indicated that the rezoning should come first, then a specific developer could work with the BACORD representatives. Attorney Ed Gould stated that BACORD is still open to discussions with landowners. He noted that dialogue after the rezoning may not occur. Certain development options do not include public hearings and extensive input. Given that there was no further public input, the Chairman closed the public hearing and asked for Staff comments. Planning Officer Katherine Weber indicated that the applicant, the Estate of Irene L. Averill, requests a zone change from Rural Residence and Agricultural (RR&A) District to Shopping and Personal Service (S&PS) District for fifty-acres of a larger parcel at 750 Stillwater Avenue. Ms Weber indicated that the Planning Staff has a good deal of data on the area submitted during the Widewaters review. Planning Officer Weber went on to note that the applicant has a right to due process, a timely hearing, and a decision on their request. The Planning 6 Office understands that planning is a dynamic process and that new information arises everyday. The Comprehensive Plan adopted in 2000 will soon be updated. In the current budget deliberations, the City Council is looking at funding this update. New information will be analyzed and incorporated into the next update. The present request must be reviewed under current policy in the existing adopted plan. Planning Officer Weber explained that the Planning Board is required to look at a zone change request in relation to its consistency with the City’s Comprehensive Plan 2000. Bangor’s Comprehensive Plan 2000 documents growth and change in Bangor since the 1989 Plan. The Plan serves as a guide for the development of policies, goals and objectives, and provides a “blue print” for future growth and conservation. Ms. Weber indicated that three Comprehensive Plan maps are of particular relevance in reviewing requests for rezoning. The “Land Use Concepts Map” describes the dominant land uses in the City. This map is derived from an inventory of existing land uses. It is a conceptual representation of existing land uses and policies for different areas of the City. The “Zoning Policy Map” is derived from the Land Use Concept Map. This map is intended to serve as a guide for future policy-making and land use decisions. The Service Area Map outlines the areas intended for growth. Planning Officer Weber explained that the Averill parcel being considered for rezoning from rural residential to commercial falls within the “Urban Growth Boundary Area” of the City identified in the Comprehensive Plan 2000. The Urban Growth Boundary divides the area reserved for future urban development from the area that is anticipated to be rural in nature for the foreseeable future. While the location of this boundary is not exact, it delineates the dividing line between two different sets of policies, namely, rural and developing. The Urban Growth Boundary delineates the area reserved for future development in which the City has made a commitment to providing a full range of services over time through its Capital Improvement Program. The “Primary Service Boundary” reflects the extent of the necessary range of urban services to support urban development. Potential connections to existing utilities are within 400 to 1,000 feet of the Averill property in the Mall area. Ms. Weber noted that the Averill parcel is designated for future commercial uses on the Comprehensive Plan 2000 Zoning Policy Map. Therefore, the requested zone change is consistent with the zoning designations of the abutting properties that are commercially zoned. The Comprehensive Plan 2000 Land Use Concepts Plan and Zoning Policy designate the area between Stillwater Avenue and the Veazie Railroad for commercial uses. 7 Planning Officer Weber emphasized that open space and conservation are keenly important to the City. The City has made great strides in developing the City Forest and the Orono Bog Walk. The City supports the green way corridor concept and the efforts of Bangor Land Trust. Ms. Weber indicated that the Comprehensive Plan revision will require the Planning Board to take the lead role. Ultimately, it will be the Planning Board that recommends the revisions to the City Council. Certainly, it is intended that the revision will include broad participation from many sectors of the community. Planning Officer Weber advised the Board to use current policies and plans as a measure of consistency in reviewing the zone change request. Given that this zoning proposal is consistent with the Comprehensive Plan 2000 policies that designate this area for commercial development, Staff recommends that the Planning Board recommend that the City Council adopt the requested zone change from Rural Residence and Agricultural District to Shopping to Personal Service District as indicated in CO #04-173 for 750 Stillwater Avenue. Mr. Rosenblatt inquired as to the time frames involved in the Board’s recommendation to the City Council. Assistant City Solicitor Hamer indicated that the Board can request a 30-day extension to the typical 30-day time frame. He indicated that the Board is free to consider other information beyond the Comprehensive Plan. Mr. Wheeler indicated that he was encouraged by the openness of the parties involved to discuss the issues that are important to them. Mr. Wheeler moved to post pone the Board’s decision to September 15, 2004 so that the parties could meet and work out their differences. Mr. Wheeler then moved to extend the Board recommendation to the City Council to 60 days. Mr. Rosenblatt seconded the motion. Mr. King indicated that if there were to be a specific desire of the estate relative to development, it needs to be articulated through specific conditions. Mr. Clark indicated that he was not in favor of any delays in making a decision. There is a plan in place and the Board should work with that plan. Chairman Guerette indicated he would like to see the protection of the adjacent marsh by means other than regulatory actions. Conservation easements, sale of development rights, and other efforts should be pursued. Chairman Guerette called for a vote on the motion to extend the decision making process to 60 days. The motion failed 2 to 3. Mr. Rosenblatt moved to post pone consideration to the next regular meeting in order to review the 8 available materials concerning the Penjajawoc Marsh. Mr. Wheeler seconded. The Board voted 2 to 3 in favor of the motion. The motion failed. Chairman Guerette called for a final motion on the request. Mr. Clark moved to recommend the proposed zone change request to the City Council. Mr. Wheeler seconded the motion. Mr. Rosenblatt was concerned that once the property is rezoned, the subsequent development will occur with little substantive input from the Board. No traffic analysis data is available to the Board but should be reviewed. The existing area acts as a buffer. The Board is ill advised to act on this application now until it looks at the issues. Chairman Guerette called for a vote. The Board voted 3 to 2 to recommend the proposed rezoning to the Bangor City Council. Chairman called a 10-minute recess. The Board reconvened at 10:18 APPROVAL OF MINUTES Item No. 5: Planning Board approval of Minutes Chairman Guerette continued the Minutes to the next regular meeting. NEW BUSINESS Item No. 6: Site Development Plan approval to construct a 192- square foot storage building, a new restroom facility with holding tank and two parking lot expansions located at the City Forest in a Rural Residence and Agricultural District. City of Bangor, applicant. Chairman Guerette asked the applicant to make a brief presentation of the project. Mr. Jim Ring, City Engineer, described the project to the Board. Mr. Ring indicated that this plan included several improvements in the facilities at the City Forest. The Orono Bog Boardwalk has generated an overwhelming number of visitors. Access via Tripp Drive leads to a small parking lot of about 25 spaces. This lot will be expanded to 50 spaces. The second lot for school bus parking will also be expanded. This lot is too far distant for handicapped users, so spaces will be created closer to the trailhead. A new storage building for tools and equipment will be added. A new restroom facility will replace the porta potties. The proposed revisions should take some of the strain off of Tripp Drive and the problem of parking on the cul-de-sac. Mr. Rosenblatt asked why there was limited detail on the parking lot, and no arrangement of parking spaces indicated. Mr. Ring indicated that the gravel cannot be striped so they did not show the spaces on the plan. Mr. Rosenblatt asked if the gate was used to control access and when was it closed. Mr. Ring 9 was not certain, but believed that it was closed at 10:00 p.m. under the City Parks guidelines. Chairman Guerette asked for Staff comments. Planning Officer Weber indicated that the proposed site plan was to add additional parking areas and other improvements to the existing site in a Rural Residence and Agricultural District. Ms Weber indicated that the plan submitted was consistent with the standards for Site Development Plan approval. Planning Officer Weber noted that these were very needed improvements to the City Forest. Ms. Weber recommend that the Planning Board grant site Development Plan approval. Mr. King moved to approve the Site Development Plan for the City Forest Improvements. Mr. Clark seconded the motion, and the Board voted 5 to 0 to approve the Site Development Plan. OTHER BUSINESS Chairman Guerette indicated that June 29, 2004 might be a good date to have the Planning Board training session. It was originally planned for Monday, th, June 14 but proper notice of a public meeting was not provided. The Board concluded that 7:00pm would be the best time to meet. Ms. Weber indicated that the Board should complete and return their disclosure forms to the Planning Office or City Clerk. There being no further items for discussion, the meeting was adjourned at 10:35 p.m. 10