HomeMy WebLinkAbout2003-05-06 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF TUESDAY, MAY 6, 2003
MINUTES
Board Members Present: Richard Fournier, Chairman
David Clark
John Hanson
Robert Guerette
Ryan King
Bill Masters
Hal Wheeler
City Staff Present: Katherine Weber
James Ring
Peter Witham
David Gould
Chairman Fournier called the meeting to order at 7:00 p.m. and indicated that he
had a scheduling conflict. As the Vice-Chairman was absent, Chairman Fournier
indicated that he would turn the meeting over to Mr. Guerette who is the senior Board
Member present at the meeting. Acting Chairman Guerette indicated that the Associates
Members would vote in the following order: Mr. Masters, Mr. Hanson, and Mr. King.
CONSENT AGENDA
As no one wished to remove the item from the Consent Agenda, Acting Chairman
Guerette asked for a motion. Mr. Wheeler moved to approve the Consent Agenda. Mr.
Masters seconded the motion. The Board voted 4 in favor and 0 opposed to approve the
Consent Agenda. The item approved is:
Item No. 1: Request to extend the completion date to construct a 26,000 sq. ft.
retail building at 1 Enterprise Drive in an Industry and Service
District. Northeast Cardiology Associates, applicant.
PUBLIC HEARINGS
Item No. 2: Conditional Use/Site Development Plan Approval to construct a
15,499 sq. ft. building for a retail auto service use located at 389
Longview Drive in a General Commercial and Service District. Black
Bear Medical North, Inc., applicant.
Acting Chairman Guerette opened the Public Hearing, and asked if the applicant
or their representative would make a brief presentation. Mr. Don Becker, PE of Civil
Engineering Services, indicated that he represented the applicant, Black Bear Medical
North, Inc. Mr. Becker noted that a portion of the proposed use would be to install
assistive technology equipment in vehicles. In most circumstances, the vehicles are left
on-site and staff brings the vehicles into their repair bay. Mr. Becker indicated that no
car wash or oil change services would take place.
Acting Chairman Guerette asked for any other proponents. There being none, he
asked for any opponents. Again there being none, he closed the Public Hearing, and
asked for Staff comments. Planning Officer Weber indicated that the applicant was
proposing to construct a 15,499-square foot building that would include an automotive
service element which triggers Conditional Use review. The project is located at 389
Longview Drive in a General Commercial and Service District.
Planning Officer Weber indicated that given the type of work performed, the
project easily met the standards for automotive service use under Section 165-102 D.
Ms. Weber indicated that the project was within the Bangor Mall Business Park
Subdivision, and would utilize existing streets, utilities and stormwater drainage facilities
designed for this specific lot. Ms. Weber noted that Staff finds that the two specific
standards of the GC&S District are met, as well as, the general Standards for Conditional
Use approval. She indicated that Staff finds that the application is complete and
consistent with the Standards for Land Development Permit Approval.
Mr. King asked if the parking spaces and queuing space was adequate for larger
vehicles. Mr. Becker indicated that some vehicles would be vans. Ms. Weber indicated
that the design was adequate.
Acting Chairman Guerette asked for a motion. Mr. Hanson moved to approve the
Conditional Use for Black Bear Medical North. Mr. Clark, seconded the motion, and the
Board voted 4 in favor and 0 opposed to approve the Conditional Use. Mr. Hanson then
moved to approve the Site Development Plan for Black Bear Medical North. Mr. Clark
seconded the motion, and the Board vote 4 in favor and 0 opposed to approve the Site
Development Plan.
Item No. 3: To amend the Land Development Code by changing a parcel of land
located at 526 French Street from Urban Residence 1-District to
Government and Institutional Service District. Said parcel containing
approximately 3,300 sq. ft. Michael W. Lane, applicant. C.O. # 03-
141.
Acting Chairman Guerette opened the Public Hearing, and asked if the applicant
or his/he representative would make a brief presentation. The applicant, Michael W.
Lane, indicated that he is requesting a zone change for a parcel of land at 526 French
Street, containing 3,300 square feet. Mr. Lane told the Board that he has a Purchase and
Sales Agreement with M & J Company (a subsidiary of St. Joseph Hospital) to purchase
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his property. The requested change is from Urban Residence-1 District (URD-1) to
Government and Institutional Service District (G&ISD).
As no one spoke in opposition, Acting Chairman Guerette asked for Staff
comments. Planning Officer Weber indicated that this non-conforming parcel is only
3,300 square feet in size (minimum lot size in URD-1 is 10,000 square feet), and does not
have road frontage. Access to the parcel is over an easement on the adjacent French
Street property. The existing use of this parcel is a two-unit residence. The property is
surrounded on three sides by G&ISD parcels owned by St. Joseph Hospital. The M & J
Company has an option to purchase Mr. Lane’s property.
Ms. Weber went on to explained that the proposed zone change from Urban
Residence-1 District to G&ISD is consistent with the City’s Comprehensive Plan 2000
“Land Use Concepts” and “Zoning Policy” for the area. The Plan recognizes that St.
Joseph Hospital is the largest land use in the block between Broadway and Center Street
in the vicinity of French Street. The Hospital campus is zoned for Government and
Institutional uses. The Comprehensive Plan designates most of this block for future
G&ISD uses. The other sides of Center Street, Broadway, and Congress Street are
designated to remain urban residential. Planning Officer Weber indicated that the
Planning Staff recommended that the Planning Board recommend to the City Council
adoption of the proposed zone change for 526 French Street from URD-1 to G&ISD as
indicated in Council Ordinance # 03-141.
Mr. Hanson asked, if the zone were changed, would it affect the easement on the
adjacent French Street property. Planning Officer Weber indicated that the easement
would still remain as it runs with the land.
Acting Chairman Guerette closed the Public Hearing, and asked for a motion.
Mr. Clark moved that the Planning Board recommend to the City Council that the zone
change request contained in C.O. # 03-141 be approved. Mr. King seconded the motion.
The Board voted 5 to 0 in favor of the motion to recommend approval of C.O. # 03-141.
Item No. 4: Zoning Amendment – To Amend the Land Development Code –
Chapter 165, Section 165-91, Sections A, B, C, and D - Neighborhood
Service District. City of Bangor, applicant. C.O. # 03-142.
Acting Chairman Guerette opened the Public Hearing. Planning Officer Weber
explained that the City of Bangor is the applicant for this zoning amendment. She noted
that this zoning district has not been substantially changed since 1974 when the
Neighborhood Service District was established as a Neighborhood Commercial (C-1)
Zone.
Planning Officer Weber explained that the purpose of this zoning amendment is to
update the District with uses that are broader and more typical of the uses that you would
find in these districts today. The existing uses in the present Neighborhood Service
District have been included in the new language, but under broader “new” categories.
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The amendment eliminates the three remaining conditional uses, and makes them
permitted uses without the additional restrictions. Also, Bed and Breakfasts, schools and
take-out restaurants have been included as new uses since they are appropriate uses for
the District.
Ms. Weber indicated that the development standards have not changed, and any
property that is presently non-conforming will remain a legally nonconforming use under
the new District. Staff recommended that the Planning Board recommend to the City
Council the adoption of C.O. # 03-142.
Mr. King was concerned as to why the conditional uses are being proposed as
permitted uses. Planning Officer Weber indicated that the reason why Staff felt that these
particular uses did not need to be conditional uses is that home occupations are allowed
in many other districts, and are subject to additional ordinance provisions. Similarly,
places of worship are allowed as a permitted use in 11 other districts in the City. Staff
also felt that mixed commercial and residential uses have minimum impacts, and are
desirable uses for the Neighborhood Service District. Mr. King said that he would like to
be able to look at those conditional use standards when reviewing these types of uses.
Mr. Hanson was very concerned with the new uses proposed in the Neighborhood
Service District. He was concerned that this amendment would have an effect upon the
City’s neighborhoods. He was concerned that the proposed “take-out restaurant” would
have a greater impact than a small, established delicatessen in a neighborhood.
Planning Officer Weber explained that several property owners have requested
this addition because their existing operations are really “take-out restaurants” with fewer
than 12 seats. She explained that the existing Neighborhood Service District does not
allow someone to buy something at a delicatessen, and sit there and eat it. Under the
current ordinance, they have to take their food out of the establishment. She noted that
the Code Enforcement Office has received requests from establishments to have a limited
amount of seating available for their patrons to eat on the premises.
Planning Officer Weber noted that drive-in uses are not allowed, and that they are
different from a take out. She noted that Staff felt that drive-in uses are not appropriate
neighborhood uses, while small take-out establishments are appropriate. Ms. Weber also
explained that schools are a new use that would be limited to indoor classrooms, not the
typical large school use with playgrounds, outside activities, and school buses.
Planning Officer Weber stated that Bed and Breakfast is another new use that
would be a good retrofit use for some larger homes that used to be single-family
residences. Instead of becoming a mixed use or entirely commercial establishment,
property owners would have an option. Currently this Bed and Breakfast use is not
allowed. She explained that these new uses are compatible in the Neighborhood Service
District, and given the limitations on schools and take out restaurants, the impacts on the
neighborhood will be minimal.
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Mr. Hanson said that his concern was that there are neighborhoods in Bangor that
are very unique and very distinctive, and have a great deal of character. He said that he
felt that this proposal would allow a “permitted creep of greater commercialism” into
these designated neighborhoods. Planning Officer Weber indicated that she did not feel
that the proposed uses would erode the existing neighborhoods, and that this is an
opportunity to allow low-impact commercial uses in neighborhoods that are appropriate,
and this would reinvigorate some of these neighborhoods.
Mr. Guerette asked if these islands of Neighborhood Service District zoning that
are located within the residential neighborhoods were created by a specific application.
Planning Officer Weber indicated that, generally, they were in the older neighborhoods in
either 1974, or prior to 1974, so that when the 1974 and 1991 zoning was overlaid on
these districts, there were existing small businesses there. Mr. Guerette said that the City
was not setting aside certain properties in certain areas to designate them as a potential
for Neighborhood Service Districts, but rather an interested individual who is opening a
Bed and Breakfast or a school could apply to create a Neighborhood Service District
where non exists today. Planning Officer Weber said that a property owner could come
forward with a request to rezone his or her property, so that is correct; and that the City
was not picking out specific areas of the City that needed to be rezoned to NSD.
Mr. Guerette said that he felt that this amendment was a huge step backwards.
Mr. Guerette said that in 1974, or prior to then, he could understand people needing or
wanting to have small commercial zones in their neighborhoods since there may have
only been one vehicle per family. Shopping malls and all night stores did not exist. Mr.
Guerette stated that today these uses exist everywhere, and that he felt that this calls for a
greater need to preserve the neighborhoods as places of residence only.
Mr. Guerette further stated that if the Board were to modify this, he would be
more receptive to throwing the whole thing out rather than trying to clarify and expand
the kinds of things that people could do in a residential neighborhood. He said that the
Board dealt with this type of issue a few meetings ago when the applicant wanted to put a
financial services office in a residential neighborhood that never had, never wanted, nor
needed to have a Neighborhood Service District.
Planning Officer Weber indicated that the Neighborhood Service District already
exists, and they are scattered around the City. The case that the Board reviewed a few
weeks ago was a case where the applicant requested a zone change, and it was not
approved. She said that she felt that the Neighborhood Service District is a lot more
benign as a neighborhood commercial district than the Urban Service District, that was
sought in the case a few meetings ago because the current uses are so limited.
Ms. Weber explained that, because the Neighborhood Service District is so
outdated, an applicant has to ask for the Urban Service District that is a much more
intensive commercial district than a Neighborhood Service District. Any change of
zoning is on a case-by-case basis. The proposed amendment is a better description of the
Neighborhood Service District that already exists, with uses that are already there. It also
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recognizes some of the uses that are in the District now have no more impact than what is
currently permitted.
Mr. Guerette said that he did not feel that they were talking about what was
already there, but those uses that may appear in the future. He said that that was the
concern that he was expressing since he felt that it would make it easier to infiltrate and
intrude into a neighborhood to establish a small commercial establishment or business in
places where they never existing before. Ms. Weber said that that would be up to the
Planning Board and the City Council to consider each application for a zone change on a
case-by-case basis.
Mr. Wheeler said that he felt that the Planning Board was the custodian and
guardian of the Comprehensive Plan. Planning Officer Weber added that the Planning
Board is the primary developer of the Comprehensive Plan. Mr. Wheeler said that he felt
that this amendment is a very progressive step forward, and was an additional source of
oxygen for our plan which is a living, breathing, document. Mr. Wheeler said that the
plan is not something that is meant to be rigidly enforced with no changes now or ever.
Mr. Wheeler said that he was not terribly concerned about the erosion of
neighborhoods by the categories of activities that are designated in this Council
Ordinance. However, he did say that he is concerned about the erosion of neighborhoods
as a general principle. He did not see anything in this Council Ordinance that would give
him reason not to support this change. Mr. Wheeler noted that he felt that the Board’s
discussion is very valuable and very valid. He said that the City has a very flexible
system of providing opportunity where opportunities may exist, and granting permission
to what is in an applicant’s interest and what is in the greater interest of the neighborhood
and community as a whole.
Mr. Masters asked if future businesses would need to obtain a zone change.
Planning Officer Weber indicated that if a future business was to be in a residential
district, then a zone change to Neighborhood Service District, or another zoning
designation, would need to be obtained. Mr. Masters also asked if the permitted uses
would be expanded if this amendment is adopted. Ms. Weber said they would. Mr.
Masters asked what the minimum lot size was in the Neighborhood Service District. Mr.
Gould indicated that the minimum lot area was 10,000 square feet.
As no one else spoke either in favor of, or in opposition to, the proposed zoning
amendment, Acting Chairman Guerette closed the Public Hearing, and asked if there
were any additional staff comments. Planning Officer Weber noted that Staff
recommended that the Planning Board recommend adoption of Council Ordinance # 03-
142.
Acting Chairman Guerette asked for a motion. Mr. Guerette indicated that Mr.
King and Mr. Hanson would be voting on this item. Mr. Wheeler moved to recommend
approval to the City Council of the amendment to 165-91 A-C Neighborhood Service
District, Council Order # 03-142. Mr. King seconded the motion. The motion passed by
a vote of 3 in favor and 2 opposed.
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APPROVAL OF MINUTES
Item No. 5: Planning Board Approval of Minutes
Mr. Hanson moved to accept the Minutes of the April 15, 2003 Meeting as
written. Mr. Clark seconded the motion, which carried unanimously.
OTHER BUSINESS
Planning Officer Weber noted that Mr. Masters and Mr. Clark were re-appointed
to the Board. She reported that the Swearing In Ceremony would be at 6:30 p.m. on
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May 12 before the City Council Meeting.
Ms. Weber distributed a memo regarding a special presentation by Staff from the
Department of Conservation and Maine Inland Fisheries and Wildlife, as a workshop at
the next Board meeting. This workshop, under the Critical Areas Program, would
provide State mapping and information on Bangor that Staff has requested to incorporate
into the City’s Comprehensive Planning process and Site Planning Process. She
indicated that in order to get the data, the City must formally host a program called
“Beginning with Habitat.”
Planning Officer Weber noted that the Planning Board is the appropriate body to
request this information. Mr. Weber explained that the workshop will be opened up to
the public but Staff would also like to offer invitations to the City Council and a diverse
range of people who are interested in the Comprehensive Planning process in Bangor.
She explained that the workshop will involve a short Power Point presentation by the
State and a representative of the Audubon Society, and then a general discussion. Ms.
Weber indicated that she would like to see this discussion as a forum for people to
express their ideas on how to balance conservation with development in Bangor. Since
these issues come up before the Planning Board, and the Comprehensive Plan is being
updated, Staff would like to gather as much information as is available, especially from
the State.
Mr. Wheeler asked if the presentation was mandatory or is it being done because
it a good thing to do. Planning Officer Weber said that in order to receive the State
information, it is a requirement or mandate to host the presentation and discussion. It is
the first step in obtaining the information from the State. The City does want this
information and has been asking for it. Mr. Wheeler asked what it included. Ms. Weber
indicated that it included mapping of habitats in the City, and the State rankings of
habitats in the City that are needed in the site planning process and our review of SLODA
applications. Mr. Weber indicated that the City needs to know what the State considers
as significant wildlife habitats and natural areas.
Mr. Wheeler said that, while he was not opposed to holding this meeting, he was
concerned that the State was holding the City hostage to having such a meeting in order
to receive necessary information. He said that this data should be available without the
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presentation, and that he was not comfortable with the procedure outlined. He was not
opposed to holding this meeting, but felt that it should be the Board’s choice.
Mr. Masters said that if this had happened five years ago maybe it would not have
been such a surprise that the Penjajawoc Stream was, in fact, a significant natural habitat.
He asked if this would prevent any surprises of this type in the future. Ms. Weber
indicated that it was her intent to have as much information about the City as possible.
Mr. Hanson asked to address a procedural question. He said that the memo
distributed by Ms. Weber indicates that the Planning Board is the host of this workshop,
and asked if it is appropriate for the Planning Board to make a request. He said that to his
knowledge, the Board had taken no action along those lines, and asked if a motion should
be made in order to proceed.
Ms. Weber indicated that a motion would be appropriate, although not necessary.
She said that the Staff feels that the Planning Board is the appropriate organization to
request this information in the Board’s role as overseer of the Comprehensive Plan.
Mr. Wheeler said that he would have to agree with Mr. Hanson. Ms. Weber
indicated that she was bringing this before the Planning Board before proceeding any
further. Mr. Wheeler said that no one had requested a motion until Mr. Hanson had so
noted.
Mr. Hanson moved that the Planning Board invite the State and others as outlined
in Planning Officer Weber’s memo. Mr. King seconded the motion. Mr. Hanson said he
felt that this was disconcerting. He said that anywhere that information can be obtained
is helpful. He said that the more information, the more helpful he could be. He was
concerned, however, about the Planning Board being advised of opportunities and having
the Board take the appropriate action.
Mr. Masters said that he did not feel that there was any malice here, and the intent
was wonderful, and that it was simply an oversight that the Board was not asked
beforehand. He said that the idea has tremendous merits. Mr. Guerette indicated that Mr.
Masters and Mr. Hanson would be voting, and asked for a vote. The Board voted four in
favor and one opposed to hold the workshop.
As there was no further business, Chairman Gurette asked for a motion to
adjourn. Mr. Hanson moved to adjourn, Mr. Clark seconded the motion. The meeting
was adjourned at 8:13 p.m.
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