HomeMy WebLinkAbout2000-11-21 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF NOVEMBER 21, 2000 MINUTES Board Members Present: Mary Ann Bostwick, Chairman George Burgoyne Frederick Costlow Richard Fournier Robert Guerette Robert Kreitzer Robert Lingley City Staff Present: James Ring Katherine Weber Lynn Johnson News Media Present: WVII-TV 7 Chairman Bostwick called the meeting to order at 7:02 p.m. CONSENT AGENDA As no one wished to remove the item for discussion, Chairman Bostwick asked for a motion. Mr. Lingley moved to approve the Consent Agenda. Mr. Costlow seconded the motion. The Board voted 5 to 0 in favor. The item approved is: Item No. 1: Site Development Plan Revision approval to modify the completion date of a previously approved 25,693 sq. ft. church building, 1,920 sq. ft. maintenance building, and associated parking lot located at 1404 Broadway in a Government and Institutional Service District. Abundant Life Church, applicant. PUBLIC HEARINGS Item No. 2: Conditional Use/Site Development Plan approval to reuse the existing building at 326 State Street for a professional office use in a Multi-Family and Service District. Ariel Wilcox, applicant. Chairman Bostwick noted that this public hearing had been continued from the Board previous meeting. Ted Ocana, Foreside Engineering, represented the applicant. He discussed the conditional use criteria and told the Board that he felt that this use met those standards. He also explained the site development plan for this project. Ariel Wilcox, the applicant, also spoke in favor of the proposed project. As no one spoke in opposition, Chairman Bostwick asked for comments from Staff. Planning Officer Weber explained that the proposed conditional use met the requirements of the M & SD in that it did not exceed 3,000 sq. ft of gross floor area; it was located on a major arterial street; and it met the off-street parking requirements of Article X without a variance for any required space. The conditional use also met the four standard conditions contained in Chapter 165-9(A)(1). Planning Officer Weber noted that the applicant had submitted a revised plan that addressed Staff concerns regarding on-site and off-site parking. The plan now met Ordinance requirements wand was complete. Therefore, Staff recommended both conditional use and site development plan approval. Mr. Costlow asked about assurances that the second floor of the office building would be used only for storage as indicated on the plan and by the applicant. Planning Officer Weber indicated that Code Enforcement and Assessing would be involved in monitoring the amount of internal space allocated to office space and storage uses. Chairman Bostwick closed the public hearing and asked for a motion. Mr. Burgoyne moved to approve the conditional use and site development plan as presented. Mr. Costlow seconded the motion. The Board voted 5 to 0 in favor of the motion. Item No. 3: To amend the Land Development Code by changing two parcels of Land located at 1 and 15 Washington Street from Park and Open Space District to Downtown Development District. Said parcel containing approximately 30,065 sq. ft. City of Bangor, applicant. C.O. # 01-27 Chairman Bostwick opened the public hearing and asked for proponents. James Ring, City Engineer and Director of Public Services, spoke in favor of this proposed change. He explained the need to rezone these two parcels from Park and Open Space District to Downtown Development District in order to construct two small buildings (10’ x 10’) to house pollution control and monitoring equipment. He went on to explain that the change was needed to accommodate requirements under Consent Decrees with the State Department of Environmental Protection and the U.S. Environmental Protection Agency to undertake certain upgrades to the City’s sewer system to control combined sewer outflow discharges into the Kenduskeag Stream and the Penobscot River. No one spoke in opposition. Planning Officer Weber indicated that under the P & O zoning, the CSO structures could not meet the minimum 75’ setback requirements. There are no required setbacks in the Downtown Development District. As these parcels are presently surrounded on three sides by Downtown Development District zoning and the proposed change is consisted with the City’s Comprehensive Plan 2000, Staff recommended that the Board recommend this zone change to the City Council. Chairman Bostwick closed the public hearing and asked for a motion. After some discussion regarding changing entire parcels to construct small utility-type buildings, Mr. Costlow moved to recommend to the City Council that the zone change request contained in C.O. # 01-27 be approved. Mr. Lingley seconded the motion. The motion passed by a vote of 5 to 0. Item No. 4: To amend the Land Development Code by changing a parcel of land located on Outer Broadway (just beyond 1365 Broadway) from High Density Residential District to General Commercial and Service District. Said parcel containing approximately 1.68 acres. Broadway Veterinary Clinic, J.A. Benson DVM, applicant. C.O. # 01-26. Chairman Bostwick opened the public hearing and asked for proponents. Jim Kiser, engineer for the project, spoke in favor of this proposal. Dr. Benson, the applicant, was also present in support of this zone change request. Dr. Benson is planning to construct a new veterinary clinic on the proposed parcel. Chairman Bostwick then asked for opponents. Mr. Richard Nutter, a LaSalle Drive abuttor, while not opposed to the zone change, expressed concern regarding how many stories the proposed building would be, the aesthetics of the building, noise, and traffic flow. Mr. Nutter was advised that these issues were site plan issues and would be discussed at the time the site development plan is under consideration by the Board. Planning Officer Weber indicated that the proposed zone change request is consistent with the Comprehensive Plan 2000 which indicates this area of Outer Broadway for mixed use development of high quality new housing and retail and service establishments. Therefore, Staff recommended that the Board recommend the zone change to the City Council. Chairman Bostwick then closed the public hearing and asked for a motion. After careful consideration and discussion about future commercial zoning along this area of Broadway, Mr. Burgoyne moved to recommend to the City Council that the zone change request contained in C.O. # 01-26 be approved. Mr. Costlow seconded the motion. The Board voted 5 to 0 in favor. Item No. 5: Conditional Use/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. The Board discussed the applicant’s request to continue this item. Planning Officer Weber noted that the reason for the applicant’s request was to allow time to revise the site plan and work out an agreement with the State on the wetlands issues prior to coming before the Board. After lengthy discussion, Mr. Costlow moved to grant the applicant’s request for a st continuance until the Board’s 1 meeting in January; and, to also provide the applicant with the information that they are on notice that any further continuance request would not be automatically granted. Mr. Burgoyne seconded the motion. The Board voted 4 to 1 in favor. APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes of November 7, 2000 Meeting This item was continued to the Board’s next meeting. NEW BUSINESS Item No. 7: Site Development Plan and Developmental Subdivision Plan Approval to condominiumize the existing three-story building located at 24 Pleasant Street into 5 residential units and 1 retail unit in a Waterfront Development District. Pleasant Street Condos, applicant. Mr. Lingley asked to recluse himself from this item as he is representing the applicant. The Board voted unanimously in favor of a motion to recluse Mr. Lingley. Associate Member Guerette was asked to vote in Mr. Lingley’s place. Mr. Lingley, explained that the applicant proposed to convert an existing three- story building at 24 Pleasant Street into 5 residential units and 1 retail unit in a Waterfront Development District. He went on to say that the applicant proposed to tear down the existing wooden structure. There is presently a wood flooring business in the retail unit within the building. Planning Officer Weber noted that revised plans had been submitted addressing Staff concerns regarding lighting, a handicap parking space and a loading space, a fence around the propane tanks, and the electrical connection to the building. As the plan was complete and now in order, Staff recommended site development plan approval. The developmental subdivision plan which proposes to condominiumize the existing building into 5 residential units and 1 retail unit meets the requirements of Section 165-126 and Article XVI. Staff also recommended developmental subdivision plan approval. Chairman Bostwick asked for a motion. Mr. Fournier moved to approve the site development plan as presented. Mr. Burgoyne seconded the motion. The Board voted unanimously in favor. Mr. Fournier then moved to approve the development subdivision plan. Mr. Burgoyne seconded the motion that carried by a vote of 5 to 0. Item No. 8: Site Development Plan Approval to construct an 11’ x 17’ telecommuni- cations building located at 1249V Ohio Street in a Rural Residence and Agriculture District. Verizon New England, Inc., applicant. Steve Polyot, of Verizon New England, Inc., spoke in favor. He explained that Verizon was proposing to construct a telecommunications building on a leased portion of this parcel. He noted that Moyse Engineering had done a wetlands assessment on the parcel and that no wetlands were found in the vicinity of the leased portion of the parcel. Planning Officer Weber explained that the wetlands issue had been addressed in the letter from Moyse Engineering, and the site plan met the requirements of the zoning district and the Ordinance submittal requirements. Staff recommended site development plan approval. Mr. Fournier moved to approve the site development plan. Mrs. Bostwick seconded the motion, which carried unanimously. MISCELLANEOUS BUSINESS Item No. 9: Planning Board Review of Correspondence and Other Communications from the Planning Office There was Board discussion with City Engineer Jim Ring on the traffic studies for the Widewaters Project. Members asked that the traffic information be presented at the Public Hearing in a manner that would be understood by and helpful to the Board. Jim Ring indicated that Mike Waugh, Widewaters Traffic Consultant, suggested that he (Mike) give a demonstration of the simulation model that he used in his study. The Board supported this idea. Planning Officer Weber indicated that Widewaters’ traffic consultant and the one hired by the City (Tom Gorrill) to review the applicant’s traffic study were asked to discuss the project between themselves and write separate letters to the Board with their conclusions. This information will be shared with the Board as soon as the Planning Office receives it. There being no further items for discussion, the meeting was adjourned at 8:38 p.m.. PLANNING BOARD OF THE CITY OF BANGOR MEETING OF NOVEMBER 21, 2000 MINUTES Board Members Present: Mary Ann Bostwick, Chairman George Burgoyne Frederick Costlow Richard Fournier Robert Guerette Robert Kreitzer Robert Lingley City Staff Present: James Ring Katherine Weber Lynn Johnson News Media Present: WVII-TV 7 Chairman Bostwick called the meeting to order at 7:02 p.m. CONSENT AGENDA As no one wished to remove the item for discussion, Chairman Bostwick asked for a motion. Mr. Lingley moved to approve the Consent Agenda. Mr. Costlow seconded the motion. The Board voted 5 to 0 in favor. The item approved is: Item No. 1: Site Development Plan Revision approval to modify the completion date of a previously approved 25,693 sq. ft. church building, 1,920 sq. ft. maintenance building, and associated parking lot located at 1404 Broadway in a Government and Institutional Service District. Abundant Life Church, applicant. PUBLIC HEARINGS Item No. 2: Conditional Use/Site Development Plan approval to reuse the existing building at 326 State Street for a professional office use in a Multi-Family and Service District. Ariel Wilcox, applicant. Chairman Bostwick noted that this public hearing had been continued from the Board previous meeting. Ted Ocana, Foreside Engineering, represented the applicant. He discussed the conditional use criteria and told the Board that he felt that this use met those standards. He also explained the site development plan for this project. Ariel Wilcox, the applicant, also spoke in favor of the proposed project. As no one spoke in opposition, Chairman Bostwick asked for comments from Staff. Planning Officer Weber explained that the proposed conditional use met the requirements of the M & SD in that it did not exceed 3,000 sq. ft of gross floor area; it was located on a major arterial street; and it met the off-street parking requirements of Article X without a variance for any required space. The conditional use also met the four standard conditions contained in Chapter 165-9(A)(1). Planning Officer Weber noted that the applicant had submitted a revised plan that addressed Staff concerns regarding on-site and off-site parking. The plan now met Ordinance requirements wand was complete. Therefore, Staff recommended both conditional use and site development plan approval. Mr. Costlow asked about assurances that the second floor of the office building would be used only for storage as indicated on the plan and by the applicant. Planning Officer Weber indicated that Code Enforcement and Assessing would be involved in monitoring the amount of internal space allocated to office space and storage uses. Chairman Bostwick closed the public hearing and asked for a motion. Mr. Burgoyne moved to approve the conditional use and site development plan as presented. Mr. Costlow seconded the motion. The Board voted 5 to 0 in favor of the motion. Item No. 3: To amend the Land Development Code by changing two parcels of Land located at 1 and 15 Washington Street from Park and Open Space District to Downtown Development District. Said parcel containing approximately 30,065 sq. ft. City of Bangor, applicant. C.O. # 01-27 Chairman Bostwick opened the public hearing and asked for proponents. James Ring, City Engineer and Director of Public Services, spoke in favor of this proposed change. He explained the need to rezone these two parcels from Park and Open Space District to Downtown Development District in order to construct two small buildings (10’ x 10’) to house pollution control and monitoring equipment. He went on to explain that the change was needed to accommodate requirements under Consent Decrees with the State Department of Environmental Protection and the U.S. Environmental Protection Agency to undertake certain upgrades to the City’s sewer system to control combined sewer outflow discharges into the Kenduskeag Stream and the Penobscot River. No one spoke in opposition. Planning Officer Weber indicated that under the P & O zoning, the CSO structures could not meet the minimum 75’ setback requirements. There are no required setbacks in the Downtown Development District. As these parcels are presently surrounded on three sides by Downtown Development District zoning and the proposed change is consisted with the City’s Comprehensive Plan 2000, Staff recommended that the Board recommend this zone change to the City Council. Chairman Bostwick closed the public hearing and asked for a motion. After some discussion regarding changing entire parcels to construct small utility-type buildings, Mr. Costlow moved to recommend to the City Council that the zone change request contained in C.O. # 01-27 be approved. Mr. Lingley seconded the motion. The motion passed by a vote of 5 to 0. Item No. 4: To amend the Land Development Code by changing a parcel of land located on Outer Broadway (just beyond 1365 Broadway) from High Density Residential District to General Commercial and Service District. Said parcel containing approximately 1.68 acres. Broadway Veterinary Clinic, J.A. Benson DVM, applicant. C.O. # 01-26. Chairman Bostwick opened the public hearing and asked for proponents. Jim Kiser, engineer for the project, spoke in favor of this proposal. Dr. Benson, the applicant, was also present in support of this zone change request. Dr. Benson is planning to construct a new veterinary clinic on the proposed parcel. Chairman Bostwick then asked for opponents. Mr. Richard Nutter, a LaSalle Drive abuttor, while not opposed to the zone change, expressed concern regarding how many stories the proposed building would be, the aesthetics of the building, noise, and traffic flow. Mr. Nutter was advised that these issues were site plan issues and would be discussed at the time the site development plan is under consideration by the Board. Planning Officer Weber indicated that the proposed zone change request is consistent with the Comprehensive Plan 2000 which indicates this area of Outer Broadway for mixed use development of high quality new housing and retail and service establishments. Therefore, Staff recommended that the Board recommend the zone change to the City Council. Chairman Bostwick then closed the public hearing and asked for a motion. After careful consideration and discussion about future commercial zoning along this area of Broadway, Mr. Burgoyne moved to recommend to the City Council that the zone change request contained in C.O. # 01-26 be approved. Mr. Costlow seconded the motion. The Board voted 5 to 0 in favor. Item No. 5: Conditional Use/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. The Board discussed the applicant’s request to continue this item. Planning Officer Weber noted that the reason for the applicant’s request was to allow time to revise the site plan and work out an agreement with the State on the wetlands issues prior to coming before the Board. After lengthy discussion, Mr. Costlow moved to grant the applicant’s request for a st continuance until the Board’s 1 meeting in January; and, to also provide the applicant with the information that they are on notice that any further continuance request would not be automatically granted. Mr. Burgoyne seconded the motion. The Board voted 4 to 1 in favor. APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes of November 7, 2000 Meeting This item was continued to the Board’s next meeting. NEW BUSINESS Item No. 7: Site Development Plan and Developmental Subdivision Plan Approval to condominiumize the existing three-story building located at 24 Pleasant Street into 5 residential units and 1 retail unit in a Waterfront Development District. Pleasant Street Condos, applicant. Mr. Lingley asked to recluse himself from this item as he is representing the applicant. The Board voted unanimously in favor of a motion to recluse Mr. Lingley. Associate Member Guerette was asked to vote in Mr. Lingley’s place. Mr. Lingley, explained that the applicant proposed to convert an existing three- story building at 24 Pleasant Street into 5 residential units and 1 retail unit in a Waterfront Development District. He went on to say that the applicant proposed to tear down the existing wooden structure. There is presently a wood flooring business in the retail unit within the building. Planning Officer Weber noted that revised plans had been submitted addressing Staff concerns regarding lighting, a handicap parking space and a loading space, a fence around the propane tanks, and the electrical connection to the building. As the plans were complete and now in order, Staff recommended site development plan approval. The developmental subdivision plan which proposes to condominiumize the existing building into 5 residential units and 1 retail unit meets the requirements of Section 165- 126 and Article XVI. Staff also recommended developmental subdivision plan approval. Chairman Bostwick asked for a motion. Mr. Fournier moved to approve the site development plan as presented. Mr. Burgoyne seconded the motion. The Board voted unanimously in favor. Mr. Fournier then moved to approve the development subdivision plan. Mr. Burgoyne seconded the motion which carried by a vote of 5 to 0. Item No. 8: Site Development Plan Approval to construct an 11’ x 17’ telecommuni- cations building located at 1249V Ohio Street in a Rural Residence and Agriculture District. Verizon New England, Inc., applicant. Steve Polyot, of Verizon New England, Inc., spoke in favor. He explained that Verizon was proposing to construct a telecommunications building on a leased portion of this parcel. He noted that Moyse Engineering had done a wetlands assessment on the parcel and that no wetlands were found in the vicinity of the leased portion of the parcel. Planning Officer Weber explained that the wetlands issue had been addressed in the letter from Moyse Engineering, and the site plan met the requirements of the zoning district and the Ordinance submittal requirements. Staff recommended site development plan approval. Mr. Fournier moved to approve the site development plan. Mrs. Bostwick seconded the motion, which carried unanimously. MISCELLANEOUS BUSINESS Item No. 9: Planning Board Review of Correspondence and Other Communications from the Planning Office (Kate, should we include any of the discussion about the traffic review?) There being no further items for discussion, the meeting was adjourned at 8:38 p.m..