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HomeMy WebLinkAbout2003-01-07 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JANUARY 7, 2003 MINUTES Board Members Present: Richard Fournier, Chairman David Clark Fred Costlow Bill Masters John Hanson Ryan King Hal Wheeler (Cameo Appearance) City Staff Present: Katherine Weber David Gould Peter Witham Jim Ring Chairman Fournier called the meeting to order at 7:00 p.m. In the absence of Member Wheeler, Chairman Fournier indicated that Associate Members Masters, King and Hanson would alternate voting in that order, starting with Mr. Masters. CONSENT AGENDA Chairman Fournier asked if any Members of the Board wished to remove the item from the Consent Agenda. As no wished to remove this item, Chairman Fournier asked for a motion. Mr. Costlow moved to approve the Consent Agenda as proposed. Mr. Guerette seconded the motion, and the Board voted 5 in favor and 0 opposed to approve the Consent Agenda. The item approved is following: Item No. 1: Site Development Plan approval to construct a 4,928-square foot addition to the existing building at 69 Perry Road in a Contract Urban Service District. Autotronics, applicant. PUBLIC HEARINGS Item No. 5: Preliminary Subdivision Plan approval for a 23-lot subdivision located at 1434 Ohio Street in a Contract Low Density Residential District. Fox Run Associates, applicant. Chairman Fournier indicated he would take item Number 5 out of order as the Staff had indicated that it was not ready for Preliminary Plan Review this evening. Mr. Guerette moved to continue the Public Hearing for Preliminary Plan Review of the Fox Run Associates, 23 lot subdivision plan. Mr. Clark seconded the motion, and the Board voted 5 to 0 to continue the Public Hearing until the next regular meeting. Item No. 2: To amend the Land Development Code by changing a parcel of land located at 1110 Stillwater Avenue from Rural Residence and Agriculture District to General Commercial and Service District. Said parcel containing approximately 11 acres. Epstein Rhode Island, LLC, applicant. C.O. # 03- 36. Chairman Fournier opened the Public Hearing, and asked if a representative of the applicant would make a brief presentation. The Chairman noted that Associate Member Hanson would be voting. Mr. Fred Marshall of Plymouth Engineering, representing Epstein Rhode Island, indicated that this application is a logical expansion of the growth of commercial development in the Mall area. Mr. Marshall noted that while the site did have wetland constraints and existing utility limitations, his client thought that it was time to request that the property be rezoned. He indicated that the applicant was aware of the City’s desire to relocate a portion of Kittredge Road, and would accommodate that relocation. The Chairman asked for any other proponents. There being no other proponents, or any opponents, Chairman Fournier closed the Public Hearing and asked for Staff comments. Planning Officer Weber indicated that the proposal would change this parcel from Rural Residence and Agriculture District to General Commercial and Service District. The parcel is in an area designated for commercial development in the City’s Comprehensive Plan 2000. She indicated that the proposal is consistent with the Comprehensive Plan’s Zoning Policy Map and Land Use Policy Map. Staff would recommend that the Planning Board recommend that the City Council adopt Council Order # 03-36. Member Gurette asked if this proposal would adversely impact the City’s ability to construct the proposed connector road? Ms. Weber indicated that the connector roadway was indicated on the proposed rezoning map, and should not be adversely impacted by the rezoning. Jim Ring, City Engineer indicated that the Kittredge Road Connector was designed to eliminate the existing five-way intersection currently at Stillwater and Hogan Road. The project is included on the City’s Official Map, and should be constructed in the next year. Mr. Costlow asked if the City was considering the cumulative impacts of development, whether it be traffic or environmental impacts. He noted that the City continues to add more and more commercial development and land area to the commercial base that has a cumulative impact. Planning Officer Weber indicated that cumulative and off-site impacts should be considered by the Planning Board as part of the site planning process. 2 As there was no further discussion, Mr. Costlow moved to recommend that Council Order # 03-36 be adopted by the City Council. Mr. Gurette seconded the motion, and the Board voted 5 to 0 in favor of recommending approval of C.O.# 03-36 - Zone Change for 1110 Stillwater Avenue from Rural Residence and Agriculture District to General Commercial and Service, Epstein Rhode Island, applicant. Item No. 3: To amend the Land Development Code by changing a parcel of land located at 1120 Stillwater Avenue from Rural Residence and Agriculture District to General Commercial and Service District. Said parcel containing approximately 2.5 acres. Stillwater Realty, LLC, applicant. C.O. # 03-37. Chairman Fournier opened the Public Hearing, and asked if a representative of the applicant would make a brief presentation. The Chairman noted that Associate Member Masters would be voting. Mr. Fred Marshall of Plymouth Engineering. representing Stillwater Realty, indicated that this smaller 2.5-acre piece was included so there would not be a gap remaining between the adjacent commercial zones. He noted that it was likely that the parcels would be developed jointly. Mr. Marshall indicated that the parcel abuts the prior item (C.O. # 03-36), and is consistent with the other commercial properties along Stillwater Avenue. Mr. Clark asked if the applicant had any specific development plans for this parcel. Mr. Marshall indicated that there were no development plans at this time. The Chairman asked for any other proponents. There being no other proponents, or any opponents, Chairman Fournier closed the Public Hearing and asked for Staff comments. Planning Officer Weber indicated that the proposal would change this parcel from Rural Residence and Agriculture District to General Commercial and Service District. This parcel is also in an area designated for commercial development. The proposal is consistent with the Comprehensive Plan 2000’s Zoning Policy Map and Land Use Policy Map. Staff recommended that the Planning Board recommend that the City Council adopt Council Order # 03-37. Relative to cumulative impacts, Ms. Weber explained that traffic impact studies, for example, look at cumulative impacts of a particular project on the corridor segment.. Mr. Masters asked if the street system could handle much more traffic without significant failures. He noted that, during the Holiday season, the system is at near gridlock conditions, and off-Holiday peaks certain sections are taxed to capacity. He asked if more development would be allowed before proposed traffic improvements are made, or the parallel service road is constructed. Jim Ring, City Engineer, indicated that the Kittredge Road intersection realignment is a safety issue that is likely to be constructed in the next year or so. Other improvements are planned and included on the Official Map so that when the time comes for those improvements to be made, the City will be in a position to undertake these improvements. Mr. Ring noted that a traffic impact analysis is done on a project by project basis. A project may warrant that a study 3 be done, and if it indicates certain levels of congestion, then off-site improvements are required as part of the approval process. In addition, development impact fees are collected on every project that fund improvements that are not attributable to any one project in particular. Mr. Ring indicated that the Board should keep in mind that street design capacities are intended to th meet the 30 highest hour in traffic volume, not the worst case traffic volumes. As there was no further discussion, Mr. Costlow moved to recommend that Council Order # 03-37 be adopted by the City Council. Mr. Clark seconded the motion, and the Board voted 5 to 0 in favor of recommending approval of C.O.# 03-37 - Zone Change for 1120 Stillwater Avenue from Rural Residence and Agriculture District to General Commercial and Service, Stillwater Realty LLC, applicant. Item No. 4: To amend the Land Development Code by changing a parcel of land located at 455 Harlow Street from Urban Residence 2 District to Downtown Development District. Said parcel containing approximately 20,000 square feet. Jean Deighan and Glen Porter, applicants. C.O. # 03-38. Chairman Fournier opened the Public Hearing, and asked if a representative of the applicant would make a brief presentation. The Chairman noted that Associate Member King would be voting. Jean Deighan, the applicant, indicated that she and her husband Glen Porter were proposing this zone change to restore and develop the former Morse Mill, commonly known as the Leighton Agency, on Harlow Street as professional office space. She explained that the reason that Downtown Development District was requested in the proposed zone change was due to its unrestrictive development standards. She indicated that she had met with several abutting property owners who were in support of the project. The land to the rear of the building was being included in the zone change request so that parking could be added in the rear of the building. The Chairman asked for any other proponents. Mr. Fred Marshall of Plymouth Engineering, representing Cabrel Company, owners of the Intown Plaza, wanted to express their support for the rezoning request. There being no other proponents, or any opponents, Chairman Fournier closed the Public Hearing and asked for Staff comments. Planning Officer Weber indicated that the proposed change was from Urban Residence-2 District to Downtown Development District (DDD) in the commercial corridor along Harlow Street. The existing building is a legal nonconforming use in the Urban Residence 2 District. She noted that it was built as a commercial structure and continued to be used as a commercial building. The Comprehensive Plan 2000 designates this area of Harlow Street as a commercial area. Ms. Weber indicated that while this parcel is not located in the old “central business district” or traditional “Downtown,” she concluded that it is part of the broader downtown commercial zone. The Staff recommended that the Planning Board recommend that the City Council adopt Council Order # 03-38. 4 Member Costlow asked if any of the provisions of Shoreland Zoning would change as a result of a zone change to the DDD, such as parking and building setbacks, lot coverage and building heights. Ms. Weber indicated that the building would not be expanded or moved. Mr. Costlow asked if a zone change would impact the parking lot setbacks. Ms. Weber indicated that there is presently no site plan. Mr. Costlow asked if the regulations regarding parking lot development would change from a URD-2 Zone to a DDD Zone given that it is within the Shoreland Zone and adjacent to the Resource Protection District? Ms. Weber indicated that they would not. Mr. King indicated he would like to know more about the changes in the Harlow Street right-of-way. He indicated that he was uneasy about changing any parcel from residential to commercial as it may change the character of the area from one of a residential to one of a commercial area. The area is almost park-like now, and with the addition of more intensive commercial development and parking lots, that may be eroded. He noted that DDD allows a wide variety of uses beyond office use. Mr. Ring, City Engineer, noted that a 1859 right-of-way plan indicated a proposed widening of Harlow Street, presumably to straighten out its alignment. This improvement was never undertaken, and the City now is taking action to release any interests in the expanded right-of-way. The Planning Officer noted that there were inherent limitations in the site that would preclude its development for anything other than office use. She emphasized that the building is a historic resource that should be maintained, and would thrive in a Downtown Development District. Mr. Costlow indicated that he wanted to disclose his working relationship with attorney Glen Porter, but indicated that he did not feel that there was any conflict in his acting on this proposal. Ms. Deighan indicated that the physical location of the lot at the base of the hill on Harlow Street separates this site from the residential properties on Kenduskeag Avenue. She noted that this property has more in common with the commercial properties on Harlow Street than the residential properties on the Kenduskeag Avenue hill. Mr. Masters indicated that he supported the project and rezoning. Mr. Guerette indicated that he found this to be a wonderful opportunity to restore this historic resource and would move to recommend approval of C.O. # 03-38, - Zone Change - 455 Harlow Street from Urban Residence-2 District to Downtown Development District. Mr. Costlow seconded the motion, and the Board voted 5 to 0 to recommend C.O. # 03-38. 5 APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes. Chairman Fournier noted that because the Board had not received the December 17, 2002 Minutes, the Board would consider them at the next regular meeting. NEW BUSINESS Item No. 7: Site Location of Development Modification/Site Development Plan Approval to build a new fuel island with a canopy and kiosk located at the Bangor Motor Pool on Maine Avenue in a Government and Institutional Service District. City of Bangor, applicant. Mr. Robert Dawes of the City of Bangor Fleet Maintenance Facility indicated that the City’s fueling facilities were in need of upgrading and fire suppression systems. He noted that the City dispenses 250,000 gallons of diesel fuel and 110,000 gallon of gasoline each year at this location. Chairman Fournier asked if the Engineering Staff had reviewed the plans and found them adequate. Planning Officer Weber indicated that the plans were complete, and that Engineering had not reviewed the plans at the time of the Memorandum, but they have reviewed them subsequently, and found them in order for Site Development Plan and Site Location of Development Modification approval. Ms. Weber requested that the Board vote on each approval separately. Mr. Hanson moved to approve the Site Development Plan for the Fleet Maintenance Facility’s new fueling facilities. Mr. Costlow seconded the motion, and the Board voted 5 to 0 to approve the Site Development Plan. Mr. Clark moved to approve the Site Location of Development Modification for the Fleet Maintenance Facility’s new fueling facilities. Mr. Costlow seconded, and the Board voted 5 to 0 to approve the Modification to the Bangor International Airport Site Location of Development License. OTHER BUSINESS Planning Board By-Laws Planning Officer Weber distributed copies of the Board’s amended By-Laws adopted on December 17, 2002. Ms. Weber thanked Assistant City Solicitor John Hamer for his work in developing the language for the By-Laws. Planning Officer Weber wished the Board a “Happy New Year.” 6 ADJOURNMENT As there was no further business, the Chairman called for a motion to adjourn. Mr. Hanson moved to adjourn. Mr. Gurette seconded the motion, and the meeting was adjourned at 8:02 p.m. 7