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HomeMy WebLinkAbout2013-07-16 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JULY 16, 2013 MINUTES Board Members Present: Andy Sturgeon, Chairman Paul Bolin Charles Boothby Doug Damon John Kenney Wayne Mallar, Alternate Member John Miller Julie Williams City Staff Present: David Gould Peter Witham Paul Nicklas Jeff Allen PUBLIC HEARINGS Item No. 1: To amend the Land Development Code, Chapter 165-105 D. (2) by adding animal crematoria as a Conditional Use in the Rural Residence and Agricultural District. City of Bangor, applicant. C.O. # 13-237. Chairman Sturgeon opened the Public Hearing. Assistant City Solicitor Paul Nicklas presented the proposed amendment to the Planning Board. Mr. Nicklas noted that presently, crematories for animals have been treated as an accessory use to an animal hospital or veterinary clinic. There has been a recent inquiry to operate a standalone crematorium and it is not specifically provided for in the Land Development Code. The proposed amendment would create crematorium as a standalone conditional use in the Rural Residence and Agricultural District with the same restrictions and limitations provided for animal hospitals and veterinary clinics. Ms. Williams asked if commercial and industrials zones would also be included at this point or at a later date. Planning Officer Gould indicated that it would be at a later 2 date. The Board needs to deal with the amendment before them now and any changes would need to come back before the Board. Chairman Sturgeon indicated that he would have a concern placing this use in the Rural Residence and Agriculture District (RR & A) and in the future have a neighbor complain that they did not want this use next door to them. Mr. Nicklas explained that the reason why they considered the RR & A is because this is where they are currently allowed as an accessory use to an animal clinic or an animal hospital. They are proposing to use the same setbacks of 100 feet from a residential district or 150 feet from a residence in order to help alleviate potential issues that may arise because of its proximity. Mr. Damon asked if there have been issues regarding odor, smoke, etc. Mr. Nicklas indicated that he was not aware of any. However, there could be some smoke or odor issues and the setbacks were proposed in the amendment. Mr. Miller asked what is driving this need for this amendment. Mr. Nicklas indicated that someone has requested it as they are interested in opening up an animal crematorium. Chairman Sturgeon asked for comments from proponents. No one spoke either in favor of or in opposition to this. Chairman Sturgeon closed the Public Hearing and asked for Staff comments. Planning Officer David Gould indicated that the proposed language was a logical progression for the use and consistent with how we presently deal with animal hospitals and veterinary clinics. Mr. Gould did note that in recent years that the balance of development in the rural zones is tipping towards a residential suburban one. We have had major issues over compatibility of radio towers and quarries in rural areas due to their proximity to residential neighbors. Historically, animal hospitals were located in rural areas as that is where their patients were located. As the City becomes less agricultural, veterinary hospitals tend to see more household pets than livestock and their location in the rural district is less of a geographic issue. Presently, there are two animal hospitals in Rural Residential & Agricultural and one in General Commercial & Service. Planning Officer Gould noted it may be a good option to allow such uses in commercial and industrial districts such that RR&A isn't the only option. While there does not appear to be a large market for such facilities nor is there anticipation that they would not be a nuisance in the rural district, it does represent a commercial, non- residential use in the RR&A District. Mr. Kenney moved to recommend the proposed amendment to the City Council for the proposed amendment to the Land Development Code, adding Animal 3 Crematorium as a Conditional Use in the Rural Residence and Agricultural District as contained in C.O. 13-237. Mr. Boothby seconded the motion. The Board voted six in favor and one opposed. NEW BUSINESS Item No. 2: Site Development Plan approval to convert an existing parking lot into an employee parking lot located at 19 Maine Avenue in a Technology and Service District. Bangor Savings Bank, applicant. Mr. Kenney indicated that he had a conflict of interest as his employer is the design firm for this project. Mr. Bolin moved that Mr. Kenney had a conflict of interest. The motion was seconded and it passed by a vote of 5 to 1. Mr. Jason Donovan with the facilities department at Bangor Savings Bank indicated that the applicant is looking to have their parking lot officially designated as an employee lot to allow them to eliminate a long divider island in the parking lot. Chairman Sturgeon asked if the entire lot was going to be for employee parking and where they proposed visitor parking. Mr. Donovan indicated that presently the parking spaces against the building are designated as visitor spaces and the remaining spaces will be for employee parking. Planning Officer David Gould explained the Ordinance requirements for having an employee parking lot where employees all arrive at one time and all leave at the same time. In a retail parking lot there would be a lot of activity coming and going. The Land Development Code provides that an employer can shrink the size of the parking space (smaller than a standard 9 x 18 space) and the green space requirements within a parking lot where an employer would be trying to maximize the number of spaces. It gives the Board the ability to review those internal green islands and make a decision whether or not the parking lot can operate without those elements because the cars are there long-term. Mr. Gould indicated that the applicant has done a wonderful job landscaping the existing parking lot. It is the Board’s judgment call as to whether it finds that the parking lot can function effectively without the raised island within the center of the parking lot. Ms. Williams moved to approve the Site Development Plan at 19 Maine Avenue for Bangor Savings Bank applicant. The motion was seconded and it passed by a vote of 6 to 0. Mr. Mallar voted. 4 Item No. 3: Site Development Plan approval to construct a 5,000 sq. ft. building located at 45 Dowd Road in an Industry and Service District. Hardy Associates, Inc., applicant. Todd Hardy with Hardy Associates, Inc., indicated that they are seeking approval to construct a 5,000 sq. ft. building at 45 Dowd Road. Planning Officer Gould indicated that this is an application for Site Development Plan approval to construct a 5,000 sq. ft. warehouse and office building at 45 Dowd Road in an I & S District. A few years back the Board approved a 12,000 sq. ft. building that was constructed. The applicant now has an interest in constructing a 5,000 sq. ft. building with some additional pavement and maneuvering area. When originally developed, the site had a small detention area on the lot that is proposed to be expanded to handle some of the additional impervious area of the lot. There has been discussion with DEP as to whether water quality standards apply within the Dowd Industrial Park. The Dowd Industrial Park has a Site License for the entire industrial subdivision. Mr. Jeff Allen, Engineering Dept. indicated that originally there were some questions as to whether a permit was required or not from DEP. The applicant contacted DEP and got an advisory opinion from Jim Beyer, at the Regional DEP Office in Bangor saying that there was no requirement. In the past couple of days Mr. Beyer indicated that they may need a permit and this issue has not yet been resolved. It seems that this is something that can be worked out and if the Board were to offer approval with the condition that some written requirement from DEP is necessary to say that either they have obtained the necessary permit or no permit is necessary. The Board could make this a condition of approval. Chairman Sturgeon felt that this was something that the Code Enforcement Office would do anyway. Planning Officer Gould indicated that the Board has no jurisdiction over permits and approvals an applicant needs from outside entities. Mr. indicated that because all approvals will need to be in place prior to occupancy he felt that the Board did not need to condition approval. Mr. Gould added that it is really an issue between them and the State Mr. Miller moved to grant Site Development Plan approval to construct a 5,000 sq. ft. building located at 45 Dowd Road in an I & S District for Hardy Associates, Inc., applicant. Mr. Boothby seconded the motion. The Board voted 7 to 0 in favor. 5 Item No. 4: Site Development Plan approval to construct an 82 room, four-story, 60,000 sq. ft. hotel located at 236 Sylvan Road in a General Commercial and Service District. Maine Course Hospitality Group, applicant. Al Palmer from Gorrill Palmer, Peter Anastos a principal with Maine Course Hospital Group; and Mark Woogum from Ochipee Construction were present in support of this application. Mr. Palmer indicated that in 2006 the City approved the Courtyard by Marriott which is a 92-room hotel on a portion of this lot. Now the applicant would like to construct another type of “stay” suite style facility. The proposed Towne Place Suites would be an 82-unit hotel. The building will be perpendicular to Sylvan Road so it complements the existing building but allows both buildings to share the proposed parking lot. There will be one parking area separated by the divider islands but provides an economy of scale for maintenance and other items. The project has been approved by the DEP under the stormwater law. All of the stormwater from this hotel will flow towards Sylvan Road and there will be an underdrained filter constructed parallel to Sylvan Road. There’s a very small existing underdrained filter that will be expanded to provide the water quality treatment that’s required under the regulations. Chairman Sturgeon opened the meeting up to comments from the public. There being none, he asked for Staff comments. Planning Officer Gould indicated that this application is for Site Development Plan approval to construct an 82 room,4-story, 60,000 sq. ft. hotel at 236 Sylvan Road in the General Commercial and Service District. The Marriot Courtyard received Planning Board approval a few years at this location. They are now proposing a second hotel on this site. They have been able to locate all of the additional parking within the front portion of the site to serve both facilities. Since their original approval some Land Development Code standards have changed such as the requirement for internal green space within parking lots and the lighting standards now require full cutoff fixtures not to exceed 25 feet in height. The only State permit (DEP) that they needed was a stormwater permit because they are in a nonattainment watershed. Planning Officer Gould noted that the project is just big enough to require a Traffic Movement Permit from the Maine Department of Transportation (MDOT). Staff met with MDOT and went through the details of traffic and the impact on Sylvan Road and the intersection of Sylvan and Hogan Road. Most everyone at that meeting concurred that there is no geometric issues relative to the signal or Sylvan Road that would require adding additional lanes, retime the signal, or construct any off-site improvements. Planning Officer Gould indicated that Staff found that the project meets all submittal and ordinance requirements. Mr. Miller asked if the applicant proposed a food service businesses at either hotels where the parking is so tight, and if so would that require any additional parking down the road and if they could provide it on this site. Mr. Palmer indicated that both facilities would have very limited on-site food service. 6 Mr. Kenney asked if they the applicant had received their stormwater permit. Mr. Palmer indicated that they have. Mr. Damon moved that the Planning Board grant Site Development Plan approval to construct an 82-room, four-story, 60,000 sq. ft. hotel located at 236 Hogan Road in a General Commercial and Service District for Maine Course Hospitality Group, applicant. The motion was seconded. The Board voted unanimously in favor of the motion. Item No. 5: Final Subdivision Plan approval of a five-lot subdivision located on Davis Road and Ohio Street in a Rural Residence and Agricultural District and a Low Density Residential District. Moyse Ventures, Inc., applicant. Dave Moyse, the applicant, indicated that he and his wife recently purchased this property from the Bangor Church of God Beacon of Hope at the corner of Davis Road and Ohio Street and they are proposing to create three lots along Davis Road which will have an on-site septic and a well; and they are proposing two lots at the end of existing Road that comes in off of Ohio Street which will have City Water and Sewer service available. They are not proposing any public improvements and there will be no wetland impact or stormwater requirements. Mr. Mallar asked about the Lyons Ledge Homeowners Association land that was put into a common area. Planning Officer Gould explained that in the previous development there is an area of open space which is located on Ohio Street and there are two parcels that deal with stormwater treatment. Mr. Mallar said that proportionately this land is taxed for the people that are in the current subdivision. Mr. Gould explained that the open space and the two stormwater treatment areas have Assessors map and Lot numbers and the Assessing Office figures a value and sends them a tax bill. Mr. Mallar asked if the tax bill would go to the Homeowners Association or to individual landowners. Mr. Gould noted that based on the assessing card, it goes to Woods of Maine but it is not likely they are the current owner. Mr. Mallar asked if the applicant is the current owner of the portions that have been set aside. Mr. Moyse indicated that it is his understanding that they have no connection to what was considered as Lyons Ledge Subdivision, Phases I and II. He explained that this proposal is simply a City street that they are putting two lots at the end of and another City street that we are putting three lots along. Mallar expressed his concern the association that owns the land could calls a meeting and disband the association whose responsible for the taxes or the maintenance or whatever is associated with this land that has been set aside. 7 Mr. Damon felt that the abutting subdivision would not constrict the other and the covenants of one would not apply to the other as they have to be treated as separate entities. Mr. Bolin moved that the Board grant Final Subdivision Plan approval of a 5-lot subdivision located on Davis Road and Ohio Street in a Rural Residence and Agricultural District and a Low Density Residential District for Moyse Ventures Incorporated, applicant. Mr. Miller seconded the motion. The motion passed unanimously. Item No. 6: Site Development Plan approval to construct a 20,416 sq. ft. building for retail use located at 1010 Stillwater Avenue in a General Commercial and Service District. Stillridge, LLC, applicant. Planning Officer Gould gave a history of this parcel noting that in 2001 the applicant came before the City to build a structure which was envisioned to be two phases of development. In the original phase the entire parking lot was constructed but only one half of the building was. All of the infrastructure was largely put in place, the stormwater detention pond was in place, and at that time there was not an impaired watershed or water quality standard. Over a number of years the applicant had been back to the Board to renew their permit to build the second half of the building. Around the time the Wal-Mart was constructed one of the key issues for the City was the construction of the Hogan Road Extension that extends up by the Country Inn directly to the Super Wal-Mart site. At that time the plan was to discontinue that portion of Kittredge Road where it intersected the Hogan Road Extension and build another roadway up behind this development. When Wal-Mart was getting ready to open, short of building the other roadway, the City Engineer’s office sought permission of this property owner to reroute the Kittredge Road traffic through their parking lot which was largely motivated by the a quick solution. There were specific improvement changes made to the parking lot. However, Staff did not want this to be permanent and there was a “sunset” provision included as a conditional of approval. Now the “sun” is setting and the City Engineering Office is ready to start construction of a permanent roadway to connect Stillwater to Kittredge Road. The applicant is now requesting reapproval to vest their rights to build the second half of the building. Staff reviewed the earlier approvals in 2001 and 2005 to ensure that all of the details that were approved on those plans are included on the present submittal. Mr. Kenney moved that the Board grant Site Development Plan approval to construct a 20,416 sq. ft. building for retail use located at 1010 Stillwater Avenue in a General Commercial and Service District for Stillridge LLC, applicant. The motion was seconded and it passed unanimously. 8 Other Business Mr. Mallar expressed his concern with the City’s taxing department regarding setting aside a portion of land that never gets taxed. He felt that this should be looked into. Chairman Sturgeon indicated that he would appreciate Mr. Mallar looking into this. APPROVAL OF MINUTES Item No. 7: Planning Board Approval of Minutes. Chairman Sturgeon indicated that the Minutes of the June 18, 2013 Meeting were in order. The Minutes of the June 18, 2013 meeting were unanimously approved as printed.