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HomeMy WebLinkAbout2001-06-05 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JUNE 5, 2001 MINUTES Board Members Present: Frederick Costlow, Vice Chairman Mary Ann Bostwick George Burgoyne Robert Kreitzer Robert Lingley City Staff Present: Katherine Weber James Ring Peter Witham David Gould Lynn Johnson News Media Present: Bangor Daily News WLBZ TV 2 Ken Buckley Vice Chairman Costlow called the meeting to order at 7:02 p.m. In the absence of Chairman Fournier, Mr. Kreitzer was asked to vote. CONSENT AGENDA Vice Chairman Costlow asked if anyone wished to remove any item from the Consent Agenda. No items were removed. Vice Chairman Costlow asked for a motion. Mr. Burgoyne moved to approve the Consent Agenda. The motion was seconded and passed 5 to 0. The items approved were as follows: Item No. 1: Request for an extension of the starting and completion dates for construction of a 1,290 sq. ft. addition to the existing community center at 201 Husson Avenue. Bradford Commons, applicant. 1 Item No. 2: Site Location of Development Modification approval to reconfigure the vehicle storage area and grading to avoid wetland area impact located at 260 Hogan Road in a General Commercial and Service District. Varney, Inc., applicant. Item No. 3: Site Development Plan approval to add two levels of parking to the existing parking garage located in Pickering Square in a Downtown Development District. City of Bangor, applicant. PUBLIC HEARINGS Item No. 5: To amend the Land Development Code by changing parts of parcels of land located at 982 Stillwater Avenue from Rural Residence and Agricultural District to General Commercial and Service District. Said parts of parcels containing approximately 4.1 acres. Thomas Ellis, applicant. C.O. # 01-222. Vice Chairman Costlow opened the public hearing and asked for proponents. Vinal Applebee and John Theriault of Ames Corporation, represented the applicant. Mr. Applebee explained that the applicant is seeking rezoning of a 4.1 acres parcel adjacent to and nearby other commercially zoned property on Stillwater Avenue. He told the Board that he felt that the zone change would be consistent with the City’s Comprehensive Plan as well as other development in the area. Approximately 2.5 acres would be the actual size of the development (which would not require DEP Site Location of Development Act Permit Approval. The site would require a stormwater permit from DEP as well as Site Development Plan approval from the City. No one spoke in opposition. The public hearing was closed and Vice Chairman Costlow asked for Staff comments. Planning Officer Weber indicated that this zone change falls within the guidelines of the Comprehensive Plan 2000 as approved by the City Council. The area is proposed for commercial growth in the Comprehensive Plan and also falls within the zoning policy for General Commercial and Service Zoning. The parcel in question abuts Shopping and Personal Service District zoning. The Staff finds the zone change consistent with Land Use Concepts and Zoning Policies of the Comprehensive Plan 2000 and recommended that the Planning Board recommend to the City Council approval of the proposed zone change. Robert Lingley asked if there were plans to implement the ideas set forth in the Comprehensive Plan to rezone this whole area designated for commercial use. Planning Officer Weber indicated that any zone change would be at the request of the property owner, and that the City would not be undertaking a rezoning prior to a property owner requesting it. Mr. Lingley noted that, in the Staff Memorandum, the parcel is presently served by utilities and asked if the applicant would have to pay for this. Planning Officer Weber indicated that this parcel is serviceable (as utilities are near by and would be easily 2 extended to this parcel), and any costs associated with extended utilities would be the sole responsibility of the applicant. Vice Chairman Costlow asked what a family recreation center was. Mr. Applebee noted that at this time the applicant is considering not only a family recreation center but possibly a retail development. He went on to explain that a family recreation center might include a skating rink, an indoor miniature golf course, and laser tag area. All will be located inside. Mrs. Bostwick moved to recommend to the City Council that the zone change request contained in C.O. #0l-222 be approved. Mr. Kreitzer seconded the motion. The Board voted 5 to 0 in favor. Item No. 4: Conditional Use/ Site Development Plan Approval for an automated fueling station with three underground storage tanks, six dispensers, a canopy, and a mechanical kiosk located at 47 Haskell Road in a General Commercial and Service District. Sam’s Club, applicant. Oscar Emerson, Sain Associates, represented the applicant, Sam’s Club, who wishes to build a fueling station in the westerly portion of their parking lot. The fueling station would be comprised of 6 pumps with a canopy, three underground storage tanks, and a mechanical kiosk. Mr. Emerson noted that only Sam’s Club members would be using the facility. Mr. Emerson went on to explain the components of the site development plan. The Board had questions regarding whether or not the applicant planned to sell diesel fuel, how close this development was to the Penjajawoc Stream, what changes would be made to the stormwater runnoff, and whether the applicant had made any provision for spills or runoff from the gasoline pumps. Mr. Emerson said that only the sale of gasoline was proposed, the development was hundreds of feet away from the stream, and the applicant would be using the existing stormwater system. He went on to say that the new plan proposes an increase in vegetated areas. As for the provision for spills, the system had automated controllers that would electronically detect any spills. A question was then raised as to how the applicant would handle separation of stormwater from oil spills, and if the applicant would make provision to mitigate any spills. Mr. Emerson indicated that a prefabricated device snout on the inlet and outlets of the catch basins would mitigate this problem, and he told the Board the applicant would be willing to install them. No one spoke in opposition. Planning Officer Weber explained that the proposal met the two specific criteria for conditional use approval for the gasoline service station use in that no gasoline pump shall be located within 100 feet of any residential building and that adequate queueing space be provided. The proposal also met the four standard conditions for granting conditional use approval in that: the proposed development standards of the district are met, it will not create unreasonable traffic or hazardous 3 conditions, adequate and appropriate utilities are provided, drainage, parking, and loading are provided, and the use is appropriate for the location sought. Planning Staff recommended approval of both the Conditional Use and the Site Development Plan since the plan submitted met the requirements for submittal. Vice Chairman Costlow closed the public hearing and asked for a motion. Mr. Burgoyne moved to approve the Conditional Use request. Mr. Lingley seconded the motion. The Board voted 5 to 0 in favor. Mr. Burgoyne then moved to approve the Site Development Plan with the condition that a prefabricated device snout be placed on the inlet and outlets of the catch basins. Mrs. Bostwick seconded the motion, which carried by a vote of 5 to 0. Item No. 6: Amending Chapter 165-108 of the Land Development Code – Stream Protection District. City of Bangor, applicant. C.O. # 01-188 The Public Hearing was opened by Vice Chairman Costlow. Planning Officer Weber explained that this request for a text amendment is the final text amendment required of the City under the Board Order from the Department of Environmental Protection to bring the City’s Land Development Code into compliance with State Shoreland Zoning Laws. Planning Officer Weber explained that the amendment establishes a 75-foot setback from the normal high-water lines of streams and eliminates the Planning Board’s authority to grant a variance from the setback for accessory structures. Planning Staff recommended that the Board recommend approval of this zoning amendment to the City Council. Ray Fournier Wren, 15-17 Young Street, told the Board that she was in favor of this proposed change. No one spoke in opposition. Vice Chairman Costlow closed the public hearing and asked for a motion. Mr. Lingley moved to recommend to the City Council that the zoning amendment contained in C.O. # 01-188 be approved. Mr. Burgoyne seconded the motion. The Board voted 5 to 0 in favor. Item No. 7: To amend the Land Development Code by changing parts of four parcels from Rural Residence & Agriculture District, Shopping and Personal Service District and Stream Protection District to Resource Protection District; parts of eight parcels from Shopping and Personal Service District, General Commercial and Service District, Government and Institutional Service District and Low Density Residential District to Stream Protection District; and parts of four parcels from Stream Protection District to Shopping and Personal Service District. All parcels being located adjacent to the Penjajawoc Stream. City of Bangor, applicant. C.O. # 01-221. Vice Chairman Costlow opened the Public Hearing. Planning Officer Weber explained that the proposed zoning and map amendments will rezone approximately 4.5 4 acres of the Penjajawoc Stream from Stream Protection, Rural Residence and Agriculture, and Shopping and Personal Service Districts to Resource Protection, and increase the area within Resource Protection from 50 feet from the high water line of the stream to 75 feet from the upland edge of the associated freshwater wetland. This zone change implements the text amendments to the Land Development Code adopted by the City Council on December 27, 2000. This zone change is the first in a series of required zone changes along the Penjajawoc Stream and two unnamed outlet streams that flow into Kenduskeag Stream. Mr. Lingley asked why the City should be concerned about nonconforming uses in those developed areas. Planning Officer Weber explained that it was not a good idea to create nonconformities. Those developments were developed when the setback was 50,’ and at the time that they were approved, they met the ordinance requirement. She emphasized that the City’s goal is to address future development not to create hardships for existing developments that would be made nonconforming by a 75’ setback.. Lucy Quimby who resides at 1230 Kenduskeag Avenue, and is a member of Bangor Area Citizens Organized For Responsible Development, called the Board’s attention to some findings from Brad Guay of NEMO in which he feels that impervious surface flows increase peak flows and detention ponds do not take care of these problems. She said that there was already a significant problem from flow and did not feel that some of existing developed properties were 50 feet from the stream, nor are their parking lots 50 feet from the stream. Valerie Carter, 112 Birch Street, also a member of BACORD , asked the Board to recognize the long term cumulative effect of run off. She told the Board that she had gotten some information from the State Department of Environmental Protection regarding bio monitoring of streams that includes data from streams all over the State. She told the Board that there is an existing problem with water quality that the City needs to address. Steven Leingsdorf, representing Stillwater LLC, told the Board that he did not feel that it was necessary to change the zoning on his client’s (Widewaters) land. He also added that he felt that the only major zoning change was to this property, and that they were being singled out. He also added that he did not feel that the Department of Environmental Protection has the authority to tell the City to rezone this area. Vice Chairman Costlow closed the public hearing and asked for Staff comments. Planning Officer Weber explained that the City does have Home Rule authority and is allowed to develop its own ordinance. However, the City is presently under a Board Order from the Department of Environmental Protection to change the Stream Protection to Resource Protection along that segment of the Penjajawoc Stream that abuts Widewater’s property. Planning Staff recommended approval. 5 The Board discussed the issue of measuring zoning designation from the setback in the Resource Protection and Stream Protection Districts and how the proposed zoning was determined by the State. Mr. Lingley said he felt that wetlands grow and shrink from time to time. Planning Officer Weber added that DEP thought that the Stream Protection zoning extended too far up the wetland complex, and that an RP designation was more appropriate from a hydrological standpoint. Mr. Lingley felt that this was a good reason for this zone change. Mr. Kreitzer felt that this was an effort to improve the quality of the overall watershed, and it should be approved. Mr. Costlow expressed concern about the Board making a recommendation since it was not involved with the DEP’s review of the areas along the Stream. Planning Weber noted that the Stream Protection District designation will remain in the developed areas of the Penjajawoc Stream. The intent is to maintain the zoning standards that were in place when the development occurred. The entire undeveloped segments of the Stream corridor are the parcels that are being affected. The stream setback along these properties will increase from 50’ to 75’ to bring the City into compliance with State Shoreland Zoning. Mrs. Bostwick asked why the developed areas are not being rezoned Resource Protection instead of remaining Stream Protection. Planning Officer Weber noted that the zoning could be changed to Resource Protection, but that action would have to be undertaken in another zone change request. She added that right now the only change is the setback requirement as stated in the Ordinance text. Mr. Costlow asked why one area was taken out of Resource Protection and placed under Shopping & Personal Service. Planning Officer Weber explained that the shoreland setback was already greater than 50 feet in this small area. James Ring, Director of Infrastructure and Development Support, explained that there was a very specific reason for the changes. The Department of Environmental Protection Staff field checked the stream corridor to determine the extent of development and wetlands before recommending the setback requirement. DEP realized that to imposed a 75’ setback on developed parcels would create nonconformities. Mr. Burgoyne suggested that the Board look into possible rezoning of vacant land before these parcels are developed. Planning Officer Weber noted that the Board could only take action on the Council Order before them. However, the Board could make such a request to the City Council for future action. After some discussion, Mr. Lingley moved to recommend to the City Council that the zone change contained in C.O. # 01- 221 be approved. Mrs. Bostwick seconded the motion, which carried unanimously. 6 APPROVAL OF MINUTES Item No. 8: Planning Board Approval of Minutes. The Board continued this item. OLD BUSINESS Item No. 9: Site Development Plan approval to construct a 224,000 sq. ft. building with a retail auto service use and an outdoor display area in excess of 1% located at 638V Stillwater Avenue in a Shopping and Personal Service District. Widewaters Stillwater Co., LLC, applicant. Vice Chairman Costlow discussed with the Board Justice Hjelm’s Order dated May 30, 2001, mandating the Board approve Widewater’s Site Development Plan. Mrs. Bostwick did not wish to vote as she did not participate in the public hearing on this application. Vice Chairman Costlow asked for a vote to approve the Site Development Plan. The Board voted 4 to 0 to approve the Site Development Plan. NEW BUSINESS Item No. 10. Site Development Plan Approval to construct a 1,560 sq. ft. storage building and 6,157 sq. ft. of additional impervious surfaces for parking and maneuvering at 127 Thatcher Street in an Industry and Service District. Harley Plumbing & Heating, applicant. Fred Marshall, of Plymouth Engineering, representing the applicant, explained that this proposal was for construction of a 1500 sq. ft. storage building in an Industry & Service District with the addition of approximately 8,000 sq. ft. of impervious surface area. He noted that he had spoken with the City Engineering Office regarding their concerns with stormwater issues, and that revised plans had been submitted addressing those concerns. Planning Officer Weber indicated that Staff recommended approval of the revised plan that addressed storm water and utility infrastructure to the satisfaction of the City Engineer. Staff now considered the application complete and consistent with Site Development Plan submittal requirements, and recommended approval. Mr. Burgoyne moved to approve the Site Development Plan as presented. Mr. Lingley seconded the motion. The motion passed 5 to 0. 7 Item No. 11: Site Development Plan approval for construction of a 190 sq. ft. addition and re-alignment of parking and drives at 65 Texas Avenue in a Government and Institutional Service District. Maine Public Broadcasting Corporation, applicant. Planning Officer Weber noted that the applicant had sent a letter requesting that th this item be continued until the June 19 meeting. Mr. Burgoyne moved to continue this item, Mr. Lingley seconded the motion. The Board voted 5 to 0 in favor. Item No. 12: Planning Board Review of Correspondence and Other Communications from the Planning Office. There being no further items for discussion, the meeting was adjourned at 8:29 p.m. 8