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HomeMy WebLinkAbout2002-09-03 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF SEPTEMBER 3, 2002 MINUTES Board Members Present: Frederick Costlow, Vice Chairman Robert Guerette David Clark John Hanson Hal Wheeler Bill Masters City Staff Present: Katherine Weber James Ring Peter Witham David Gould Lynn Johnson News Media Present: None Vice Chairman Costlow called the meeting to order at 7:00 p.m. In the absence of Chairman Fournier, Associate Members Hanson and Masters were asked to vote. CONSENT AGENDA Mr. Clark had a question regarding Item No. 1. Therefore, Item No. 1 was removed from the Consent Agenda, and placed under New Business. Mr. Guerette then moved to approve the remaining item under the Consent Agenda (Item No. 2). Mr. Masters seconded the motion. The motion passed by a vote of 4 to 1. The item approved is: Item No. 2: Site Development Plan Approval to relocate an entrance and add a 304 square foot loading dock at 805 Stillwater Avenue in a Shopping and Personal Service District. Goodwill Industries of Northern New England, applicant. PUBLIC HEARINGS Item No. 3: Conditional Use/Site Development Plan Approval to construct a 3,530 square foot building for retail auto service use located at 140V Haskell Road in a General Commercial and Service District. Patricia L. Quirk, applicant. Vice Chairman Costlow opened the Public Hearing, and asked for comments from proponents. Mr. Richard Day of Plisga & Day, representing Patricia Quirk, spoke in favor of the project. He explained that the applicant was seeking Conditional Use/Site Development Plan approval to construct a 3,530 sq. ft. building for automobile reconditioning use. Mr. Day explained that this proposed use falls within the definition of retail auto service use and includes hand washing, vacuuming, waxing, and exterior touch up done prior to the sale of vehicles. He noted that this service will also be available to the general public, but that there would be no bodywork done on vehicles. All work would be conducted in either 4 or 6 bays with drive-thru doors. Mr. Day told the Board that he felt that this proposal meets all the requirements of the General Commercial & Service District. Mr. Day discussed the conditional use criteria, and told the Board that this use meets all of these standards. Mr. Day also discussed the Site Plan as proposed, and said that he felt that the plans met the standards for submittal. Vice Chairman Costlow then asked for opponents. There being none, he closed the Public Hearing, and asked for comments from Staff. Planning Officer Weber told the Board that the proposal meets the two specific conditional use provisions of the General Commercial and Service District, namely, queueing, and accessory parking. She indicated that the application also meets the four general standard conditions for the granting of conditional use approval. Staff recommended approval of the Conditional Use application. Ms. Weber noted that there were engineering issues that remained to be worked out at the time that the Staff Memorandum was written. Since that time, a revised Site Plan had been submitted, and reviewed by the Engineering Department. Mr. Jim Ring, City Engineer, explained that the Site Plan as originally 2 submitted proposed a 2 to 1 side slope along Haskell Road. The Engineering Staff had concerns about slope stability adjacent to the road. Rather than holding up the process, the Engineering Staff recommended flattening these ditch slopes, and also recommended that the applicant submit amended plans. The Engineering Department recommended that approval be subject to a proposed condition that the plan be amended to revise the ditch grading on the easterly side of the proposed entrance to create a 3 to 1 side slope, and that a revised Site Plan be submitted to the Planning Office within one week of approval. Vice Chairman Costlow expressed his concern about plans being submitted the Friday before a meeting and after the application has been advertised, so that the public does not have a chance to review them. Vice Chairman Costlow asked for a motion. Mr. Clark moved to approve the Conditional Use application. Mr. Guerette seconded the motion. The Board voted 5 to 0 in favor. Mr. Guerette then moved to approve the Site Development Plan with the condition that the plan be amended to revise the ditch grading on the easterly side of the proposed entrance drive to achieve a 3 to 1 side slope, and that a revised site plan be submitted to the Planning Office within one week of approval. Mr. Clark seconded the motion, that also carried by a vote of 5 to 0. Item No. 4: Conditional Use/Site Development Plan Approval to reuse the existing buildings at 253, 265, and 273 Hammond Street for office use in a Multi-Family and Service District. David Lawler, applicant. Vice Chairman Costlow opened the Public Hearing, and called for proponents. David Lawler, the applicant, gave a history of the uses of these buildings. He presented to the Board several photographs of the buildings in question that illustrate the interior and exterior rehabilitation work that he has completed to date. He indicated that when he first applied, there were a number of issues City Staff had with the Site Plan as submitted. He told the Board that after submitting a revised plan, City Staff found more issues, and subsequently he missed the advertising deadline. He explained that Weber Mortgage Company, that now operates in an adjacent building, wishes to expand into the former Atrium House. Mr. Lawler also explained that he had not finished the landscaping on his adjacent building because of on-going construction. Mr. Lawler wished to wait until the construction was finished before landscaping the site. He told the Board that he did not need any more delays because he has a crew ready to go to work. He asked the Board for their help. 3 Mr. Masters asked if all three buildings would be used for office use. Mr. Lawler indicated that he proposed all office use of the building. Mr. Wheeler noted that the Staff had been “put through the paces” with this project, and said that he felt that the Staff is very thorough. He had questions regarding the proposed loading area and handicap parking spaces. Mr. Fred Marshall, Plymouth Engineering, explained that, because this project is a Planned Group Development, two handicap parking spaces are required. The applicant is proposing to share one of these spaces with a loading zone that, in their opinion, probably will never be used. Mr. Wheeler had questions regarding the size of the two driveways and the buffer. Mr. Lawler indicated that the driveway between the two brick houses was wider, and he wished to keep this two-way. He indicated that he had been at this location for 25 years, and that there have not been many accidents. Mr. Lawler indicated that he was proposing to erect a fence between the brick house and the neighboring Gambino property. He did not plan to use this driveway. Gil Weber, President of Weber Mortgage Co., explained that his business needs to expand, and he asked the Board to grant Mr. Lawler approval of his application. As no one spoke in opposition, Vice Chairman Costlow closed the Public Hearing, and asked for Staff comments. Planning Officer Weber complimented Mr. Lawler on the rehabilitation of the Weber Mortgage building, and emphasized that he should be commended on his efforts. She explained that the Board needed to take two votes on the application (one on the Conditional Use, and one on the Site Plan). She discussed what the Board needed to consider on each vote. Planning Officer Weber discussed the specific Conditional Use criteria contained in the Multi-Family and Service District, in addition to the four standard conditional use requirements for the approval. Ms. Weber indicated that three of the four general conditional use criteria have not been completely met by this application. While the proposal was “almost there,” Staff did not feel that it would not create unreasonable traffic congestion, that the public safety issues were not satisfied, that the loading zone and handicap spaces needed to be separated and relocated somewhere else on the site, and that assurances needed to be made that the shared access to this property remain in tact. Planning Officer Weber explained that Staff does not feel that all development standards and conditions of the Ordinance are met in this application, specifically, that the proposal, given the traffic circulation issues, will not create unreasonable traffic congestion on Hammond Street, and that there 4 was adequate provision for handicapped parking and loading. Staff felt that a revised Plan that addressed these concerns would satisfy the applicant’s ability to meet all four general conditional use standards, as well as, all the district-specific conditional use standards. Ms. Weber indicated that Staff could not recommend Conditional Use approval of the current application. Therefore, the same would hold true for the Site Plan as submitted. Mr. Wheeler said that, while he respects the professional staff’s ability to assess these matters, he felt that there was an area in which the applicant and the Staff could come together and agree to approve this application. Mr. Hanson asked how scientific was the Staff’s opinion. Planning Officer Weber explained that all Site Plans are reviewed by highly-trained professional Staff comprised of Planning, Engineering, Legal and Code Enforcement Staff. This group of professionals in City Hall looks at all applications, and makes judgements on them based on their professional expertise. Vice Chairman Costlow indicated that he shared Mr. Wheeler’s practical approach that the minor changes of moving one handicap space, providing buffers and changing a two-way to a one-way driveway be worked out with the applicant to get this matter moving along. Mr. Lawler indicated that he would do what it takes to accommodate the Staff. However, with respect to making the upper driveway one-way, he was adamant that he did not want to make this change as this was “not Central Street.” He said he did not feel this would be a problem, and it would create problems for him with snow removal and landscaping. Mr. Masters indicated that he was familiar with these properties, and that Mr. Lawler’s properties look very nice. He had an opportunity to go into the Weber Mortgage building, and was stunned at the difference. He noted that this building was within weeks of being torn down at taxpayers expense. He said that he was satisfied with what Mr. Lawler has done to this building. Vice Chairman Costlow discussed the Board’s options in that they could take a vote as the project stands, or the Board could continue this matter for two weeks to give the parties time to work something out and come back to the Board. James Ring, Director of Infrastructure and Development Support, asked if the Board was willing to take a recess on this item to give Staff and the applicant time to work together to resolve the outstanding issues. Mr. Wheeler moved to recess this item. The motion was seconded, and it passed by a vote of 5 to 0. 5 The item was subsequently reopened for discussion. Mr. Ring indicated that the applicant had agreed to move the handicap parking spot, to restrict ingress one-way in on the upper driveway, provide two-way traffic within the center drive-way, and submit a revised site plan to the Planning Office within one week. Planning Officer Weber indicated that those conditions were the four changes that the Planning Office had previously requested of the applicant; and she was grateful that Mr. Lawler had agreed to make these changes to his Site Plan. Mr. Master moved to approve the conditional use. Mr. Wheeler seconded the motion. The Board voted 5 to 0 in favor. Mr. Wheeler then moved to approve the Site Development Plan with the conditions described by the City Engineer and accepted by Mr. Lawler, and that a revised plan be submitted to the Planning Office within a week. The Board voted 5 to 0 in favor of the motion. NEW BUSINESS Item No. 1: Site Development Plan Approval to construct a 203 space employee parking lot at 246 Sylvan Road in a General Commercial and Service District. – Eastern Maine Medical Center, applicant. The Board voted to consider Item No. 1 out of order. Mr. Clark had a question as to whether or not this lot would be utilized by the Hospital after the construction at the Eastern Maine Medical Center campus was complete. John McCormack, of CES, Inc., indicated that the Hospital planned for this to be a long-term, permanent parking facility. There being no further discussion, Vice Chairman Costlow asked for a motion. Mr. Hanson moved to approve the Site Development Plan as presented. Mr. Clark seconded the motion. The Board voted five in favor and none opposed to approve the Site Development Plan. PUBLIC HEARINGS (Continued) Item No. 5: To amend the Land Development Code by changing parcels of land located on Spruce Street from Urban Residence 1 District to Contract Government and Institutional Service District. Said parcel containing approximately 20,070 square feet. Eastern Maine Medical Center, applicant. C.O. # 02-317. 6 Vice Chairman Costlow opened the Public Hearing, and asked for comments from proponents. Attorney Thomas Johnston represented the applicant who is requesting a zone change from Urban Residence 1 District to Contract Government and Institutional Service District for four parcels of land located on Spruce Street, and containing approximately 20,000 square feet in area. Mr. Johnston explained that the intended use was to construct a building to be used for temporary residential accommodations for visiting doctors and medical students. Mr. Johnston discussed the proposed contract zone change conditions that limit the use to facilities operated by public service agencies or private nonprofit organizations limited to health, education, social welfare, and cultural uses; group day-care or nursery school; nursing homes; and accessory uses on the same lot and customarily incidental and subordinate to the above uses. The contract conditions also place restrictions on the development standards within the District. Mr. Johnston noted that the configuration of this parcel would also limit the size of any building that could be constructed. John McCormack of CES, Inc., and Don Fletcher of Eastern Maine Medical Center were both present to answer questions of the Board. As no one spoke in opposition, Vice Chairman Costlow closed the Public Hearing, and asked for comments from Planning Officer Weber. Ms. Weber indicated that The Comprehensive Plan 2000 “Land Use Concepts” and “Zoning Policy” designate Spruce Street as a transition area between the low density urban residential neighborhood off of State Street and the government and institutional uses associated with the Eastern Maine Health Care campus. The side of Spruce Street where the properties are located falls within the Government and Institutional Service zoning policy designation. Given that the parcels are in a transitional area between EMMC’s institutional uses and the mixed residential and business uses around State Street, and that the proposed conditions are restrictive enough to minimize potential impacts on the neighborhood, Planning Staff recommended that the Planning Board recommend to the City Council approval of the proposed zone change contained in C.O. # 02-317. After some discussion as to the size of any future building to be constructed on the combined lots, and the conditions as proposed, Mr. Hanson moved to recommend to the City Council that the zone change request contained in C.O. # 02-317 be adopted. Mr. Wheeler seconded the motion. The motion passed by a vote of 5 to 0. 7 Item No. 6: To amend the Land Development Code by changing a parcel of land located on Front Street from Park and Open Space District to Waterfront Development District. Said parcel containing approximately 43,550 square feet. City of Bangor, applicant. C.O. # 02-318. The Public Hearing was opened by Vice Chairman Costlow. Planning Officer Weber explained that the proposed zone change request consisted of one lot and a portion of another lot to be rezoned from Park and Open Space District to Waterfront Development District. Ms. Weber explained that this area will be incorporated into a larger area proposed for a parking area along the waterfront. This property is currently the site of the City’s small parking lot and the waterfront area beside the Seadog Restaurant, and will be part of a larger future parking area that will serve the City’s Waterfront Redevelopment Area. As no one spoke in opposition, Vice Chairman Costlow asked for comments from Staff. Planning Officer Weber indicated that a zone change to Waterfront Development District for these parcels is consistent with the Comprehensive Plan 2000, and is appropriate for inclusion in the City-owned waterfront property. Therefore, the Planning Staff recommended that the Planning Board recommend to the City Council adoption of C.O. # 02-318. As no one else spoke, Vice Chairman Costlow closed the Public Hearing. Mr. Hanson had questions regarding the proposed larger parking area and the overall waterfront development project. Mr. Costlow asked if the shoreland zoning provisions still apply to this lot. Planning Officer Weber discussed the future developments along the waterfront, the proposed parking lot, and indicated that the shoreland zoning provisions would apply to projects within 250 feet of the Penobscot River. Mr. Hanson moved to recommend to the City Council that the zoning change request contained in C.O. # 02-318 be approved. Mr. Guerette seconded the motion. The Board voted 5 in favor and 0 opposed to recommend approval to the City Council. Item No. 7: Amending the Land Development Code – Chapter 165, Section 165-94 – Waterfront Development District. City of Bangor, applicant. C.O. # 02-319. Vice Chairman Costlow opened the Public Hearing. Planning Officer Weber explained that the proposed zoning amendment was a refinement of permitted and conditional uses in the Waterfront Development District. Ms. Weber 8 discussed with the Board the changes between the existing District provision and the proposed District provisions. She noted that to the extent possible, use categories have been combined and that some Conditional Uses are now Permitted uses. For example, recreational facilities and residential use are now permitted uses, as are conference centers and museums. This amendment also addresses the height issue where the maximum height limit has been reduced from 40’ to 35’ within the Shoreland Zone. Also, the high rise hotel use has been moved back from 200 feet to 250 feet to remove this use from the Shoreland Zone. Mr. Wheeler had questions regarding the types of residential uses that would be allowed. Planning Officer Weber told the Board that the provisions for residential uses has been left intentionally broad. Some of the concepts proposed have been for condominium development, others for attached housing as opposed to detached. Since the waterfront property is City-owned, the City can dictate what uses and development will occur on its property. Mr. Wheeler added that he had never been pleased with height limitations in the City. He said the City has no skyline. He had a question as to the number of stories that would be allowed under the proposed standards. Ms. Weber indicated that a story is considered to be 12 to 15 feet . Mr. Guerette asked why small wooden boats could not be manufactured on the waterfront, and thought that this was odd to exclude them. Ms. Weber indicated that because the manufacturing of small wooden boats could produce hazardous and noxious materials, it was felt that this was not a use that was appropriate for the City’s waterfront. Mr. Hamer indicated that small handcrafted boats would be allowed, but not the manufacturing of small boats. Vice Chairman Costlow closed the Public Hearing, and asked for a motion. Mr. Hanson moved to recommend to the City Council adoption of C.O. # 02-319. Mr. Clark seconded the motion. The Board voted 5 to 0 in favor of the motion. Item No. 8: Amending the Land Development Code – Chapter 165, Section 165-135 – Application and Explanation of standards. Section A. City of Bangor, applicant. C.O. # 02-320. The Public Hearing was opened by Vice Chairman Costlow. Planning Officer Weber explained that the proposed amendment will bring the “Maximum District Height” standards for the Waterfront Development District into compliance with State Shoreland Zoning Statute for the shoreland zone (within 250’ of the mean high water mark) along the Penobscot River. Presently, the Land Development Code exceeds State Shoreland Zoning Standards by 10 feet. This amendment would bring the Ordinance into compliance with State Statues. 9 Mr. Fred Marshall, Plymouth, Engineering, asked if this would affect those areas zoned Government and Institutional Service District. Planning Officer Weber said that this would be addressed in another amendment. The Planning Staff recommended that the Planning Board recommend to the City Council adoption of CO # 02-320 to bring the maximum allowable height in the Waterfront Development District into compliance with State Statutes. The Public Hearing was closed, and Vice Chairman Costlow asked for a motion. Mr. Guerette moved to recommend to the City Council that the zoning amendment contained in C.O. # 02-230 be adopted. Mr. Clark seconded the motion. The motion to recommend carried by a vote of 5 in favor and 0 opposed. Item No. 9: Amending the Land Development Code – Chapter 165, Section 165-13 – Definitions of Hotel and Motel. City of Bangor, applicant, C.O. # 02-321. Vice Chairman Costlow opened the Public Hearing. Planning Officer Weber explained that the Land Development Code makes a distinction between Hotel and Motel with respect to permitted uses in the Waterfront Development District, but does not currently define these terms in the Ordinance. This proposed amendment adds definitions for Hotel and Motel to the Definition Section of the Ordinance. Mr. Hanson asked if any thought had been given to a motel with access only from the water. Mr. Hamer said that the shoreland zoning setbacks would prohibit this. Mr. Guerette expressed concern over the term “transient” contained in the definition. He felt that the term was not “politically correct” because he felt that the term is derogatory. Planning Officer Weber indicated that the definition for hotel and motel were taken directly from the current Webster’s Dictionary. After some discussion about substituting language for the word “transient,” Mr. Wheeler moved to recommend the adoption of the amendment to the LDC contained in C.O. # 02-321 as written and submitted by the Planning Office. Mr. Masters seconded the motion. The vote was 3 in favor and 2 opposed to recommend approval of #02-321. Item No. 10: Amending the Land Development Code – Chapter 165, Section 165-73, D (2) – Parking Area Location and Screening. City of Bangor, applicant. C.O. # 02-322. The Public Hearing was opened by Vice Chairman Costlow who asked for Staff comments. Planning Officer Weber indicated that this amendment was 10 proposed for practical reasons to provide options for buffer yard landscaping of parking lots and off-street loading areas when space is limited. The Ordinance requires at least a B-Buffer Yard for parking and loading areas that front on a public street or private way. Currently this requirement can be met with a landscaped, 3-foot berm in a 10-foot by 100-foot buffer yard. Planning Officer Weber explained that from an engineering standpoint, this type of berm is not always practical in our climate. This amendment offers the option of additional landscaping instead of a berm to meet the Ordinance requirements. Therefore, Staff recommended that the Planning Board recommend adoption of C.O # 02-322. Mr. Guerette asked if the proposed amendment would make a berm illegal? Planning Officer Weber indicated that it would not but that this amendment would provide another option. James Ring, City Engineer, explained that from an engineering standpoint, a berm with a three-foot rise and five feet of width is not always practical. There being no further questions, Vice Chairman Costlow closed the Public Hearing as asked for a motion. Mr. Hanson moved to recommend to the City Council that the zoning amendment contained in C.O. # 02-322 be adopted. Mr. Guerette seconded the motion. The motion to recommend passed by a vote of 5 to 0. Item No. 11: Amending the Land Development Code – Chapter 165-37 – Principal and Accessory Structures. City of Bangor, applicant. C.O. # 02-323. Vice Chairman Costlow opened the Public Hearing. Planning Officer Weber indicated that the purpose of this proposed Ordinance amendment is to increase the maximum height of principal and accessory structures in the Downtown Development District (DDD) adjacent to tidal waters from 35 feet to 80 feet. The current height limit of 35 feet for structures along Kenduskeag Stream in the Downtown Development District makes many buildings non-conforming structures. The proposed height limit of 80 feet in the Downtown Development District, which is permissible under State-mandated Shoreland zoning, will make these structures conforming, and make the DDD standard consistent with that of the Government and Institutional Service District. Ms. Weber informed the Board that Staff has discussed this proposed amendment with DEP and the State indicated that it is appropriate for the shoreland zone to have an increased height in the old urban core district. Without this amendment, any new construction along the Kenduskeag Stream would have a maximum height limit of 35 feet. For these reasons, the Planning 11 Staff recommended that the Planning Board recommend to the City Council adoption of C.O. # 02-323. The Public Hearing was closed. Mr. Clark moved to recommend approval of C.O. # 02-323 to the City Council. Mr. Guerette seconded the motion. The motion passed by a vote of 4 to 1. APPROVAL OF MINUTES Item No. 12: Planning Board Approval of Minutes Consideration of the Minutes of the August 20, 2002 Meeting was continued to the Board’s next meeting. The meeting was adjourned at 10:45 p.m. 12