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HomeMy WebLinkAbout1999-08-17 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF AUGUST 17, 1999 MINUTES Board Members Present: Mary Ann Bostwick, Chairman Ray Bolduc George Burgoyne Richard Fournier Robert Kreitzer Robert Lingley City Staff Present: John Hamer Lynn Johnson John Lord Rod McKay Robert Osborne News Media Present: Bangor Daily News WABI-TV 5 WLBZ-TV 2 Chairman Bostwick called the meeting to order at 7:00 p.m. In the absence of Board Member Costlow, Associate Members Bolduc and Kreitzer alternated voting beginning with Mr. Bolduc. CONSENT AGENDA Chairman Bostwick noted that Staff has requested that Item No. 2 be removed from the Consent Agenda and tabled for another meeting. Planning Officer Lord indicated that the notification procedures required for this project had not been followed and this item needed to be continued in order for proper notification to take place. Item No. 2: Site Location of Development Modification/Site Development Plan Approval to remove 33,850 sq. ft. of parking spaces on the second level of the parking garage and replace it with 33,8750 sq. ft. of office space at 489 State Street in a Government and Institutional Service District. Eastern Maine Medical Center, applicant. Mr. Burgoyne moved to remove Item No. 2. From the Consent Agenda and table it to another meeting. Mr. Fournier seconded the motion. The Board voted 5 to 0 in favor. As no one wished to remove either of the two remaining items on the Consent Agenda, Chairman Bostwick asked for a motion. Mr. Burgoyne moved to approve the Consent Agenda (Item Nos. 1 and 3). Mr. Lingley seconded the motion. The Board voted 5 to 0 in favor. The items approved were: Item No. 1: Site Development Plan approval to extend the completion date for construction of a 24,000 sq. ft. building for use as an eye care center at 12V Ridgewood Drive in a General Commercial and Service District. Vision Care of Maine, applicant. Item No. 3: Site Development Plan approval to add a 12 ft. x 24 ft. accessory mobile sales office at 1211 Hammond Street in a General Commercial and Service District. Linnehan’s Credit Now Auto, applicant. PUBLIC HEARINGS Item No. 4: Conditional Use/Site Development Plan approval to construct a 4,000 sq. ft. building for use as a convenience store with gasoline pumps at 310V Stillwater Avenue in a Shopping and Personal Service District. Fredric Leadbetter, applicant. Chairman Bostwick informed the Board that the applicant’s representative, John Frawley, had submitted a letter requesting that this public hearing be continued to the Board’s meeting on September 7, 1999, in order to address concerns of Staff. Mr. Fournier moved to continue this public hearing to the September 7, 1999 meeting. Mr. Burgoyne seconded the motion, which carried 5 to 0. Item No. 5: To amend the Land Development Code by changing parcels of land located on Stillwater Avenue from Low Density Residential District to Shopping and Personal Service District. Said parcels containing approximately 25.6 acres. Judson M. Grant, Jr., applicant. C.O. # 99-262. Chairman Bostwick opened the public hearing and asked for proponents. Fred Marshall, of Ames Corporation, represented the applicant. He explained that the applicant was requesting a zone change for two parcels located on Stillwater Avenue from Low Density Residential District to Shopping and Personal Service District. He told the Board that over the last 25 years dramatic changes had taken place along Stillwater Avenue with the introduction of the Bangor Mall and the development around the Mall itself. With the Maine Department of Transportation’s plans for a new interchange, and the City’s plans for a parallel service road connecting Kittredge Road to Gilman Road the applicant will lose 4.5 acres to the interchange development and 2.25 acres to the parallel service road development. With the commercial development along Stillwater Avenue, the pending Interstate Interchange being constructed through one of the applicant’s parcels, and the proposed parallel service road through the other parcel, the applicant felt that Shopping and Personal Service District zoning would be more 2 appropriate. Mr. Marshall also noted that the applicant proposed to leave a 150 foot strip of Low Density Residential District zoning on land next to the Stillwater Gardens Subdivision to provide a buffer to this neighborhood from the commercially zoned land. Mrs. Bostwick then asked for opponents. Bill Murphy, 114 Drew Lane, told the Board that he was 1 of 3 members of the Stillwater Gardens Association who were planning to speak (representing the neighbors), Mr. Murphy made a presentation to the Board outlining the reasons why he felt that this zone change request should be denied. The reasons were: 1) it was a violation of the 1989 Comprehensive Plan which called for Low Density Residential use of these parcels; the zoning was contrary to the goals and objectives of the Comprehensive Plan; this zone change would have a negative effect upon the property values within this neighborhood; and it would increase traffic in an area that already has traffic problems. Mr. Murphy distributed, for the record, a petition and a copy of a letter from a neighboring property owner both in opposition to the zone change request. Laurie Ryan, 25 Jennifer Lane, spoke in opposition. She discussed the definition of “neighborhood” with the Board. She told the Board that she was concerned with safety issues that might result if the zoning were changed. She felt that the increase in traffic would be detrimental and commercial zoning would increase crime in their neighborhood. She indicated that she bought her home in good faith based upon the Comprehensive Plan. She also told the Board that she did not feel there was a need for more commercially zoned land along Stillwater Avenue as there were empty lots on Hogan Road and Stillwater Avenue that could be developed. John Ryan, 25 Jennifer Lane, told the Board that he had conducted a survey of vacant commercial properties along Broadway, Union Street, the Bangor Mall Area and the downtown . He said that it didn’t make sense to change the zone with an over abundance of prime commercial real estate available. John Dionne, 36 Drew Lane, gave a brief history of the development of the Stillwater Gardens Subdivision. He told the Board that he felt that because the property owners built their homes in reliance on the City’s 1989 Comprehensive Plan, the Board should honor that Plan. Chairman Bostwick then called for comments from Staff. Planning Officer Lord explained that the mobile home park was developed in the late 60’s and early 70’s in an Agricultural Zone. In 1977 the Agricultural area where the Mall is located was rezoned commercially and subsequently, the area along Stillwater Avenue adjacent to the Mall was also rezoned to commercial. In 1989 a Major Street and Highway Study was done for BACTS. That study recommended additional access capacity to the Mall area and a recommendation was made for an interchange at I-95 and the Mall. He told the Board that since that time the Maine Department of Transportation recognized the need to provide for this additional capacity and the construction of the Interchange on Stillwater Avenue (to be located between the theater property and the applicant’s property) is proposed for next year. He went on to say that Staff had reviewed the drastic changes in 3 development over the last 10 year period in this area and had determined a need for a parallel service road from Kittredge Road to Gilman Road and Stillwater Avenue. Staff felt with the introduction of interchange and the parallel service road that residential use of this area under the zoning request was unrealistic. Staff would not recommend residential use next to the parallel service road or the interchange ramp. Therefore, Staff recommended that the Board recommended approval of the proposed zone change request. Mark Nesbitt, a Shannon Drive resident, said that he had attended a meeting when he was told that there would be no construction on the parallel service road before 15 years. Planning Officer Lord told the Board that at any of the meetings, no one had said that there would be no construction on the parallel service road for 15 years and that, in fact, the City was committed to start construction within the next six years. Ron Goody, 83 Drew Lane, felt that the mobile home park should be left residential and that a 150’ buffer should be next to the interchange and parallel service road. John Dionne and Laurie Ryan expressed concern as to how the Board could consider a zone change without knowing what was going to be developed. Chairman Bostwick closed the public hearing. As the applicant’s representative wished to speak to address comments from opponents, Chairman Bostwick reopened the public hearing. Fred Marshall noted that the applicant proposed to leave a 150’ buffer for Low Density Residential zoning to protect the Stillwater Gardens Subdivision. He noted the applicant would need to obtain DEP approvals as well as City approvals of any development on that site if the zoning were changed. He also noted that State and City laws have restrictions regarding noise and lighting. He said that comprehensive plans change over time and need to be revised. The public hearing was closed. Chairman Bostwick asked for Board comments. Mr. Burgoyne said that he wished to protect residential neighborhoods as much as possible and that he was opposed to introducing more traffic on Stillwater Avenue. He felt there were many other pieces of land available for commercial development and didn’t see where this was in the City’s best interest to change the zone. Mr. Lingley agreed with Mr. Burgoyne. He said that he did not feel that the introduction of the service road rendered no future residential use of these parcels. He felt that the Board should honor the 1989 Comprehensive Plan. To change the zone would be unfair to the existing owners and the traffic on Stillwater Avenue was already unreasonable. He planned to vote for denial. 4 Mr. Fournier said that this was a tough decision but that the Comprehensive Plan was not in granite and was subject to change. Because things change, the Comprehensive Plan changes. Chairman Bostwick thanked those who spoke for all the work they did in preparing for the meeting. She also noted that the City Council would make the final decision on the zone change and their next meeting was scheduled for Monday, August rd 23 at 7:30 p.m. Chairman Bostwick indicated that she planned to voted against the zone change as it was important to protect residential neighborhoods. Mr. Burgoyne then moved to recommend to the City Council that the zone change request contained in C.O. # 99-262 be denied. Mr. Lingley seconded the motion. The Board voted 4 to 1 in favor of recommending denial of the proposed zone change request. APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes of August 3, 1999 Meeting. The minutes of the August 3, 1999 Planning Board Meeting were unanimously approved as printed. MISCELLANEOUS BUSINESS Item No 7: Planning Board Review of Correspondence and Other Communications From the Planning Office. Amendment pages to the Land Development Code were distributed to the Board. Planning Officer Lord noted that the Planning Office had received a copy of a 60-day Completion Date Extension from the Code Enforcement Office for Bangor Christian School on Broadway. Planning Board Members congratulated Planning Officer Lord on his pending retirement and expressed their gratitude for his many years of dedicated service to the Board. There being no further items for discussion, the meeting was adjourned at 8:21 p.m. 5