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HomeMy WebLinkAbout2001-11-20 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF NOVEMBER 20, 2001 MINUTES Board Members Present: Richard Fournier, Chairman Mary Ann Bostwick Frederick Costlow David Clark Robert Guerette Hal Wheeler City Staff Present: Katherine Weber James Ring Lynn Johnson News Media Present: None Chairman Fournier called the meeting to order at 7:00 p.m. In the absence of Board Member Lingley, Associate Members Guerette and Clark were asked to alternate voting beginning with Mr. Guerette. CONSENT AGENDA As no one wished to remove the item for discussion, Chairman Fournier asked for a motion. Mr. Costlow moved to approve the Consent Agenda. The motion was seconded by Mrs. Bostwick and passed by a vote of 5 to 0. The item approved is: Item No. 1: Site Development Plan Approval to construct a 2,400 sq. ft. addition to the existing building at 327 Target Industrial Circle in an Industry and Service District. Hardy Associates, applicant. PUBLIC HEARINGS Item No. 2: To amend the Land Development Code by changing a parcel of land located at 149 Target Industrial Circle from Industry and Service District to Contract Urban Industry District. Said parcel containing approximately 2.14 acres. Eremita & Valley and Suzanne Holdings, Inc., applicants. C.O. # 02-17. Chairman Fournier opened the public hearing and asked for proponents. Edmond Bearor, Esq., representing the applicants, spoke in favor of the proposed contract zone change request and answered questions from the Board. He explained that the applicant is requesting this change for the Penobscot Valley School of Gymnastics to continue using this property. Mr. Bearor discussed the contract zone change conditions and noted that while the change was to Contract Urban Industry District the conditions proposed the same standards of the present zoning - Industry and Service District. Mr. Bearor indicated that, basically, the change would allow for the gymnastics school use without changing the development standards. Rae Rogers, owner of the Penboscot Valley School of Gymnastics, was also present to answer questions. Jillian Sarnecki, a student at the gymnastics school, spoke in favor. She told the Board that the school provides a place to keep kids off the street. She indicated that a gymnastics school needed a special building with high ceilings with adequate parking. She indicated that this was an appropriate site for the school. Ms. Sarnecki also told the Board that while uses in an industrial zone produce mechanical parts, the school was producing atheletes. Joe Kacer, 738 Mt. Hope Avenue, also spoke in favor. He has three children attending the school. As a former gymnast, he knew the special needs of this type of school for a large building with high ceilings and adequate parking. He said he felt that this was a perfect building for this use. Lisa Hatch, an employee of the school for 12 years, read into the record two letters in support of the zone change. The first letter was from Edith Beauchamp, and the second one was from Darlene Mogul, Tina McLaughlin, Grace Hansen-Longo, Karen Sanborn, Debra Meale, Diana Prescott and Julie Sattler. (See letters attached.) Mr. Clark indicated that he would not vote on the item as his grand-daughter attends the school. Mr. Guerette was asked to vote. Mr. Wheeler had questions regarding the number of years the school has been in operation, whether or not it needed to be State Certified, and what kind of liability coverage the owner had. Mrs. Rogers indicated that she had been in business for 22 years, there was no requirement of the State for certification but she was certified by the USA Gymnastics, and she had $2 million of liability coverage. No one spoke in opposition, Chairman Fournier asked for Staff comments. Planning Officer Weber indicated that Mr. Bearor and the students had done a nice job of discussing the merits of this application. She indicated that the Staff recommended that the Planning Board recommend this contract zone change to the City Council as it was in keeping with the Comprehensive Plan 2000 that indicates industrial use of this area. She also indicated that the change was going from one industrial zoning designation to another, and that the contract zone change conditions would limit the use and the standards would remain those of the Industry and Service District. Chairman Fournier closed the public hearing and asked for a motion. Mr. Costlow moved to recommend to the City Council that the contract zone change contained in C.O. # 02-17 be approved. Mr. Guerette seconded the motion. The Board voted 5 to 0 in favor to recommend approval. 2 Item No. 3: To amend the Land Development Code by changing a parcel of land located at 408 Harlow Street from Urban Service District to Contract Downtown Development District. Said parcel containing approximately .6 acres. RHT, LLC, applicant. C.O. # 02-16. The public hearing was opened by Chairman Fournier who asked for comments from proponents. Edmond Bearor, Esq., representing the applicant, indicated that this site was the former Snowman Printing building. The applicant, RHT, LLC, was a real estate holding company for Eastern Fire Protection which is presently located on the bottom floor of the building. There presently are three residential units in the building. Mr. Bearor went on to say that the applicant, who has owned the building for two years, has tried, unsuccessfully, to rent out the remaining floor area for commercial use, and is now requesting a contract zone change in order to convert this area into residential units. Mr. Bearor explained that under the present Urban Service District zoning, the applicant would not be able to add three units to the site because of the Shoreland Zoning provisions that would require area to be in excess of three acres. As this is an existing site, it would be impossible to meet this requirement. The reason for the request for a contract zone change to Downtown Development District is that, according to Mr. Bearor the Shoreland Zoning standards do not apply to the Downtown Development District. (The State has relaxed those standards in the Downtown Development District and Waterfront Development District because of their uniqueness.) He noted that the Planning Staff did not feel that it was appropriate to rezone this parcel to Contract Downtown Development District because it was not adjacent to the Downtown Area. Mr. Bearor indicated on a zoning map the location of the Downtown Development District zoning within the City noting that the majority lies within the downtown area. However, the Waterworks site and the Concord Trailways site on Union Street are also zoned DDD. He added that he felt that creating more residential units in this building would preserve and protect the City’s economic base, add to the City’s quality of life, and add vitality to this area of the City. He asked the Board to be open minded and consider recommending this contract zone change to the City Council. Mr. Bearor submitted a letter from Carol Epstein, the neighboring property owner, in support of this proposed change (see attached). The Board had questions regarding the history of the use of the parcel, the type of residential units proposed, and whether or not the applicant could apply for a variance under the present zoning (Urban Service District) as an alternative to the contract zone change request. Mark Tardiff, one of the applicants and owners of Eastern Maine Fire Protection, told the Board that this property had historically been used for residential and commercial use and the applicant was proposing mid-range housing. Mr. Bearor told the Board that the applicant would prefer to proceed with this application as all fees had been paid; and, if not successful, would then try to apply for a variance. However, he said that he did not feel that a request for a variance of the Shoreland zoning requirements would meet the four criteria needed for the granting a variance. 3 No one spoke in opposition. Chairman Fournier asked for Staff comments. Planning Officer Weber said that while the City would like to see this property utilized, a rezoning to a Contract Downtown Development District was not consistent with the Comprehensive Plan 2000 that calls for commercial use of this area. While there are a few exceptions where the Downtown Development District zoning is not adjacent to the downtown area, Staff felt that this area was too far removed to be consistent with adjacent zoning policy. The applicant could have three additional units in this building if not for the Shoreland Zoning requirements of the Urban Service District. Staff recommended that the Planning Board not recommend this proposed change to the City Council as it is not consistent with the Comprehensive Plan nor adjacent to the existing Downtown Development District zoning area. Mr. Guerette said with the desire for the downtown to be redeveloped, he felt that this property was similar to the Franklin Place development and would be an attractive use for this site. Mr. Wheeler agreed and asked how the Shoreland Zoning standards originated and why there is a distinction in the DDD and WDD. Planning Officer Weber explained that Shoreland Zoning comes under State Statutory Law that was adopted in 1971, and the City has also adopted the State’s Shoreland Zoning Statutes within its Land Development Code. However, the State recognized the uniqueness of urban areas of cities such as Bangor, Lewiston, Auburn and Portland that have been in existence prior to the adoption of the Shoreland Zoning regulations, and provided for leniency in standards for these areas. Mr. Wheeler said that as the applicant was not proposing to change the building, he felt that there was no practical or legal reason for the Board to deny this request. The Board continued its discussion of the issues relating to parking, number of employees of the existing business, and the proximity of the building to the Kenduskeag Stream. Mr. Fournier said that he has always thought of this area as being a part of the downtown area and would be in favor of the contract zone change request. Mr. Wheeler noted that he felt that the Planning Staff made the best recommendation that it could. Mr. Wheeler then moved to recommend to the City Council that the contract zone change request contained in C.O. # 02-16 be approved. Mrs. Bostwick seconded the motion. The Board voted four in favor and one opposed to recommend approval to the City Council. APPROVAL OF MINUTES Item No. 4: Planning Board Approval of Minutes The Board voted to continue this item to its next meeting. OTHER BUSINESS Planning Officer Weber discussed with the Board C.O. # 02-21 whereby the City Council directed the Planning Board to revisit the Comprehensive Plan in the Center Street, Congress Street, and Broadway area. 4 She indicated that the Board would need to respond to this Council Order by holding a public meeting on the issue. Ms. Weber indicated that she thought that January was the appropriate time to have this meeting. She added that the Board, after taking testimony, could vote to uphold the Comprehensive Plan as adopted, or recommend that it be amended. Ms. Weber emphasized that if that was the Board’s recommendation, a formal procedure for amending the Plan would have to be undertaken. Mr. Wheeler voiced his opinion regarding the language on the Council Order, and questioned the Council’s authority to direct the Planning Board to take this action. After considerable discussion, the Board agreed to continue this item to the next Board meeting. There being no further items for discussion, the meeting was adjourned at 8:20 p.m. 5