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HomeMy WebLinkAbout2013-08-20 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF AUGUST 20, 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 Jennifer Boothroyd Chairman Sturgeon called the meeting to order at 7:00 p.m. PUBLIC HEARINGS Item No. 1: Amending the Land Development Code to provide for quarries and gravel pits as a Conditional Use in the Urban Industry District and to eliminate quarries and gravel pits from the Conditional Uses in the Rural Residence and Agricultural District. City of Bangor, applicant. C.O. # 13-269. Chairman Sturgeon opened the Public Hearing. Planning Officer David Gould provided the Board with an overview of the discussions held at the Business & Economic Development Committee. Due to concerns from nearby residential property owners over the impacts of quarry related noise, dust and activities, the BED Committee explored various regulatory approaches to address those concerns while still allowing quarries as a land use within the City. The initial concept of creating an overlay district within the Rural Residence and Agricultural District provided comfort to property 2 owners adjacent to existing and approved quarries but there was a lingering concern that as the rural district continued to be developed into individual home sites and subdivisions, the conflict of the two uses may arise again. The concept to provide for quarries in the Urban Industry District appeared to have support from the abutting property owners and quarry operators as well. Chairman Sturgeon asked for comments from proponents and/or opponents to the requested Zoning Ordinance. Mr. Paul Randall of 1556 Union Street stated that he had a small farm operation and found the impacts of a quarry inconsistent with the intent of the district to preserve the quiet rural atmosphere and to conserve property values. Mr. Randall noted that horses are spooked by blasting activities and he could not keep them in close proximity to a quarry operation. Ms. Nancy Kravit of 53 Downing Road indicated that research had shown a link between decreased property values and adjacent quarries. She was in support of the proposed text amendment. She wondered if more consideration should be given to greater setbacks even in industrial districts as there have been some concerns in Southern Maine regarding the impact of quarries on sensitive technology based industries. Ms. Maria Mason 1528 Union Street noted that the industrial district is more fitting to the quarry than Rural Residence and Agriculture. Mr. Randy Gardner (a quarry operator) indicated that he was in support of the proposed amendments. While he had addressed all of the City's requirements before the Planning Board and even a few additional limitations, it still has created an adversarial situation between his quarry operation and the neighbors around it. He did note that the overlay district would likely only temporarily solve the quarry- neighborhood concerns. Planning Board Members asked if the proposed changes in quarries would also restrict other excavations such as gravel and loam; and if the proposed changes would impact earth work related to building construction or the City's leaf composting operation. Planning Officer Gould noted that the section being changed would deal with all quarries, mining and excavations. The language does not separate out rock quarries from gravel pits. The Ordinance would still allow filling and grading in the same zones. Mr. Gould noted that the leaf composting approval granted by the Planning Board was not permitted under the quarries and mining standards. 3 Some members of the Board were concerned that some large rural properties may have gravel deposits and would still like to operate a gravel pit in the RR&A with extensive setbacks from adjacent properties. Some others were concerned that some Urban Industry Districts such as off Bomarc Road may still be in close proximity to residential districts. Mr. Gardner noted that most gravel deposits in Bangor have largely been excavated years ago and within an existing industrial district an abutter would likely anticipate some impacts from industrial activity. Mr. Gardner also stated in his view a gravel extraction has some, but less impacts than a quarry due to the blasting and crushing operations typically not associated with gravel pits. Some Board Members inquired how the amendment would impact existing operations and if they could expand. Mr. Gould noted that in most instances the approvals granted by the Board have a detailed plan as to what is to be excavated and the ordinance provides for a time limit on those approvals. Any operation with a legal conforming permit would be grandfathered to complete the permitted excavation within the time frame provided for in the Land Development Code. Chairman Sturgeon closed the Public Hearing and asked for a motion. Mr. Bolin moved to recommend to the City Council that the zoning amendment to provide for quarries and gravel pits as a Conditional Use in the Urban Industry District and to eliminate quarries and gravel pits from the Conditional Uses in the Rural Residence and Agricultural District be approved, as contained in C.O. 13-269. The motion was seconded by Mr. Boothby. The Board voted three in favor and four against the motion. Therefore, the motion failed to pass. Item No. 2: To amend the Land Development Code – Quarries, mining and excavations by setting a minimum parcel size for quarries and increasing setbacks from adjacent properties. City of Bangor, applicant. C.O. # 13-270. Chairman Sturgeon opened the Public Hearing. Planning Officer David Gould provided the Board with an overview of the discussions held at the Business & Economic Development Committee. The suggestion was made that while the City was revising the standards of where quarries would be allowed we ought to look at the setbacks which are significantly less than the DEP standards. In addition, limiting the minimum parcel size will help avoid small subdivision lots being considered as excavation or quarry sites. Chairman Sturgeon asked for comments from either proponents or opponents to the Zoning Amendment. 4 Nancy Kravit of 53 Downing Road indicated that she was in support of the proposed text amendment. She wondered if more consideration should be given to greater setbacks even in industrial districts as there have been some concerns in Southern Maine with the impact of quarries on sensitive technology based industries. She did agree that the State setbacks were a good place to start. Some Board Members asked whether this amendment was linked to the previous one. Mr. Gould noted that after the first amendment was drafted he suggested to the Legal Department (Paul Nicklas) that the setbacks be reviewed at the same time. Because the first amendment had been reviewed by the BED Committee but not the second one, it was drafted as a second amendment. The language will change the standards for quarries, mining and excavations regardless of what zone they are allowed in. As no one else spoke, Chairman Sturgeon closed the Public Hearing and asked for a motion. Mr. Damon moved to recommend approval to the City Council of the zoning amendment to amend the Land Development Code – Quarries, mining and excavations by setting a minimum parcel size for quarries and increasing setbacks from adjacent properties as contained in C.O. # 13-270. The motion was seconded by Mr. Boothby. The Board voted five in favor and two opposed. Item No. 3: Conditional Use/Site Development Plan approvals to construct a 22,700 sq. ft. building for medical office use (Chapter 165-97 D. (1)) located at 954 Broadway and Site Location of Development approval at 900 and 954 Broadway in a Contract Government and Institutional Service District. St. Joseph Healthcare, applicant. Chairman Sturgeon indicated that he had a conflict of interest as he is employed by the firm that prepared the plans for this item. Mr. Bolin moved that Chairman Sturgeon had a conflict of interest. Mr. Kenney seconded the motion. The Board voted unanimously in favor of the motion. Mr. Mallar was asked to vote on this item. Vice Chairman Damon opened the Public Hearing and asked for a presentation. Aaron Shaw, P.E., John Theriault, Traffic Engineer and Jefferson Davis, Landscape Architect with the James W. Sewall Company and John Boyd, Architect with Morris Switzer were present in support of this application. Mr. Shaw explained that the applicant is seeking conditional use and site development plan approval, as well as, Site Location of Development approval. The project is a 22,700 sq. ft. medical office building located on Outer Broadway (adjacent to the existing medical complex) in a Contract Government and Institutional Service District. He explained that the proposal meets the contract zoning conditions and the standards for Conditional Use approval. There are 107 parking spaces proposed, it will 5 be serviced by public utilities, will have a private pump station for the sewage to pump water up to the gravity system on Broadway and will have a tank farm for the propane gas on the eastern side of the building. Most of the property will have a 50’ existing forested buffer. There are a few small areas that they have to clear for utilities and grading and those areas will have a minimum of a 25’ “B” Buffer yard. He discussed stormwater treatment indicating that they are proposing a small stormwater wet pond on the southern half of the property which will collect runoff from the roof and the parking lot during a rain event for treatment. They have also developed an erosion control plan for construction. Mr. Shaw indicated that this project required a Traffic Movement Permit from the Maine Department of Transportation because of the number of trips it will generate. As part of that Permit there are some off-site improvements to the intersection in front of the property and the intersection with Hobart Street which will be required. He noted that MDOT and the City will be undertaking a major road reconstruction on Broadway. It is their plan to synchronize the timing of their off-site improvements with the work done on Broadway. Mr. Bolin expressed his concern about traffic building up at the intersection of Burleigh Road and Broadway. He asked if there had been any consideration given as to whether or not this area would warrant a present or future traffic light. John Theriault, Traffic Engineer, indicated that he did a warrant analysis for a signal at this intersection. He explained that at peak hour, there would be 35 left-hand turns from this site. Because a traffic signal warrant is connected to the number of turns (left-hand), this project would not warrant a traffic signal because the numbers are not high enough. Mr. Mallar asked about the area in the back of the building and asked how much of it would be mulched. Mr. Jefferson Davis explained the areas to be mulched. Vice Chairman Damon asked for Staff comments. Planning Officer Gould outlined the history of the development of this site starting back when the complex was first developed and the four buildings were constructed. At that time, the applicant requested and received approval of a contract zone change for the original parcel. The applicant then purchased the adjoining parcel and received approval of another contract zone change which had a different set of conditions. When the applicant approached the City to construct another medical office building, it was suggested that the applicant rezone both parcels as a contract zone with the same set of conditions to alleviate any issues that may develop because of two different sets of contract zoning conditions. This process has been completed. Mr. Gould discussed the conditional use standards, as well as, the conditions within the contract zone change. Because this is a conditional use request, the Board needs to consider the architectural compatibility with other buildings in the area. Staff felt that they have demonstrated that the proposed project is not going to create traffic 6 problems, it provides for adequate utilities, an adequate stormwater drainage system and adequate buffer yards. The combination of both sites has put them over the three acres of impervious area which requires them to obtain a Site Law License. The Board also needs to determine that this project and the existing site meet the Site Law standards. Relative to off-site improvements, Mr. Gould explained that normally an applicant is required to undertake all of the off-site improvements required for their project. In this instance, there is other work that will be done on Broadway. The City and MDOT have agreed that if St. Joseph would contribute to the cost of the elements that were relative to their project, the City and MDOT would do the actual work. Staff felt that additional trips to the Broadway corridor should not be added until these off-site improvements are in place and recommended that as a condition of approval that the proposed medical office building not be open before the off-site improvements are in place. John Boyd, project architect with Morris Switzer, indicated that this new facility is designed to accommodate 20 physician practices. 18 of those 20 practices are already at the site so they are not increasing traffic to the degree that it would suggest. Eventually the space vacated in one of the four existing buildings will be fitted out for other purposes. Vice Chairman Damon opened up the discussion to proponents or opponents. Mr. John Bragg, 20 Cortland Circle and Vice President of the Cortland Circle Homeowners Association noted that there are 150 units within the Orchard Hills development that all feed onto Broadway off of Orchard Hills Parkway which is very close to the intersection being discussed. The residents are concerned about the additional traffic that is going to be coming onto Broadway at this location. He said that he was discouraged that this would not warrant a traffic light. He hoped that the left hand turns that they take to come into their property (coming in-town on Broadway) would be considered. It is a problem as people without any patience don’t queue up behind the ones who are turning and pass them on the right on the gravel shoulder. When the State redevelops Broadway he would hope that they would look at widening that area so that people could safely get around those making a left-hand turn onto Orchard Hills Parkway. Vice Chairman Damon noted that Mr. Bragg’s concern is valid and suggested that he speak with the City Engineer. As no one else spoke, Vice Chairman Damon closed the Public Hearing and asked for a motion. Mr. Bolin moved that the Board grant Conditional Use/Site Development Plan approvals to construct a 22,700 sq. ft. building for medical office use (Chapter 165-97 7 D. (1)) located at 954 Broadway and Site Location of Development approval at 900 and 954 Broadway in a Contract Government and Institutional Service District. St. Joseph Healthcare, applicant with the condition that no Certificate of Occupancy be issued until all off-site improvements have been constructed. Ms. Williams seconded the motion. The motion passed unanimously. NEW BUSINESS Item No. 4: Site Development Plan approval to fill and grade property at 700 Stillwater Avenue in a Shopping and Personal Service District. Stillwater Avenue LLC, applicant. Chairman Sturgeon indicated that because he is employed by the firm that prepared the plans for this item he has a conflict of interest. Mr. Bolin moved that Chairman Sturgeon has a conflict of interest. Ms. Williams seconded the motion. The Board voted unanimously in favor of the motion. Mr. Mallar was asked to vote. Vice Chairman Damon asked for a presentation by the applicant. Jefferson Davis, Landscape Architect with James W. Sewall Company, explained that this is a grade and fill project with a small retaining wall. Because they are under an acre of disturbance they do not need a Stormwater Permit but they do need an NRPA Permit By Rule for the wetland. Planning Officer Gould indicated that this is an application to fill and grade a site prior to potential development. Staff indicated to the applicant and the designers that much of the information provided was predicated on information that was developed around 2000, some of which is now obsolete. Amended plans were submitted to the Planning Office redesigning the setback between the edge of the wetland and their proposed retaining wall. This redesign will prevent them from having issues in the event that they are unable to obtain a Permit by Rule or other issues that could arise because of outdated information. The plans submitted meet Ordinance requirements for a fill and grade. Vice Chairman Damon asked for a motion. Mr. Miller moved that the Board grant Site Development Plan approval to fill and grade property at 700 Stillwater Avenue in a Shopping and Personal Service District. Ms. Williams seconded the motion. The motion carried unanimously. 8 APPROVAL OF MINUTES Item No. 5: Planning Board Approval of Minutes. Chairman Sturgeon indicated that the Minutes of the August 6, 2013 were included in the packets and the Minutes of the June 18, 2013 Meeting were e-mailed to the Board that day. He indicated that it was the pleasure of the Board as to whether it wished to make a motion for approval on one or both sets of Minutes. Mr. Boothby moved to approve both sets of Minutes. Ms. Williams seconded the motion, which passed unanimously. There being no further items for discussion, the meeting was adjourned at 8:48 p.m.