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HomeMy WebLinkAbout2013-12-17 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF DECEMBER 17, 2013 MINUTES Board Members Present: Andy Sturgeon, Chairman Paul Bolin Doug Damon John Kenney Wayne Mallar, Alternate Member John Miller Julie Williams City Staff Present: David Gould Peter Witham Paul Nicklas Chairman Sturgeon called the meeting to order at 7:00 p.m. In the absence of Board Member Boothby, Alternate Member Mallar was asked to vote. PUBLIC HEARINGS Item No. 1: Conditional Use and Site Development Plan approvals for construction of a 3,500 sq. ft. building for use as a drive-in business (convenience store with gasoline sales) and construction of a 2,590 sq. ft. building for use as a retail auto service use (car wash) located at 1065 Broadway in a Shopping and Personal Service District. Leadbetter Realty Trust, applicant. Chairman Sturgeon opened the Public Hearing and asked for a presentation by the applicant. Mr. Jim Kiser, representing the applicant, along with Jeff Leadbetter from Leadbetter Realty Trust was present. Mr. Kiser explained that the applicant is seeking Conditional Use and Site Development Plan approvals to build a convenience store with gasoline sales and a car wash on Broadway next door to the Pentecostal Church and across the street from Dunkin Donuts. Mr. Kiser discussed the elements of the site development plan. 2 Mr. Miller noted previous concern from neighboring property owners regarding buffering and asked if this had been addressed. Mr. Gould indicated that they are required to provide a buffer from this site from the neighboring residential use and they have done this. Mr. Kiser indicated that there is an existing stand of trees on the lot which abuts this one that the applicant left zoned as Low Density Residential. He noted that landscape buffer yards have been added to that area which abuts the existing residential lot to the rear. No one spoke either in favor of or in opposition to the proposal. Chairman Sturgeon closed the Public Hearing and asked for Staff comments. Planning Officer Gould indicated that this is an application for Conditional Use and Site Development Plan approvals. Because the car wash and gasoline pumps are both conditional uses they both need to go through the same set of standards under Chapter 165-9 which requires additional review by the Board. Mr. Gould indicated that the proposal meets the standards of the district and the specific conditional use standards for the S & PS District. It will not create undue traffic congestion and adequate utilities will be provided at the site. He noted that the Board will need to determine whether or not the design of the building is compatible with other buildings within 500 feet to meet the conditional use standard for architectural compatibility. Mr. Gould noted that the Maine Department of Transportation indicated that they are satisfied that this use, as configured and typically operated, will not generate the number of trips to require that they apply for a Traffic Movement Permit. At the time that the Staff Memorandum was written Staff noted that the Engineering Department had a question regarding the “bakers box” which is something that some fast food restaurants have where they store grease waste. It is not really a physical infrastructure on the site but a way to dispose of certain by-products. Mr. Gould indicated that Staff found that the site development plan elements met the submittal requirements. Mr. Kiser indicated that he had received correspondence from the Engineering Department indicating that they were satisfied that this concern had been addressed. He explained that Leadbetter’s collects grease waste from all of their facilities and brings it to one of their sites (presently in Holden) so that they do not have separate containers at each site. Mr. Bolin indicated that he felt that this applicant has done a very good with this project all the way from the rezoning process to plan approval. He felt that Staff had done a very good job, as well. The Board Members agreed. Mr. Kenney moved to grant Conditional Use and Site Development Plan approvals for the construction of a 3500 sq. ft. building for use as a drive in business – 3 convenience store with gasoline sales and construction of a 2590 sq. ft. building for use as a retail auto service car wash at 1065 Broadway in a Shopping and Personal Service District for Leadbetter Realty Trust, applicant. Mr. Miller seconded the motion. The motion passed unanimously. Item No. 2: Conditional Use and Site Development Plan approvals to use the existing building located at 563 Odlin Road for an auto repair shop use in a General Commercial and Service District. Bernatche Auto Body, applicant. Chairman Sturgeon opened the Public Hearing and asked for comments from the applicant. Gary Frost, representing Tony Bernatche the owner, indicated that the applicant is seeking Conditional Use and Site Development Plan approvals for an existing structure on outer Odlin Road. He indicated that the applicant is not proposing any work to be done to the existing building, but wishes the ability to operate his business in that building. Chairman Sturgeon asked for comments from either proponents or opponents. There being none, he closed the Public Hearing and asked for Staff comments. Mr. Miller asked if there are no physical changes made to the outside of the building why the applicant is being required to come before the Planning Board. Planning Officer Gould indicated that this is an application for Conditional Use and Site Development Plan approvals. Within the Land Development Code in every district, there are uses that are called out as permitted uses. The Land Development Code indicated that if it is a permitted use and you want to convert to another permitted use you do not need to go before the Planning Board for approval. But in every district there are other uses that are identified as conditional uses. To obtain conditional use approval you need to demonstrate to the Planning Board that you meet the standards of Chapter 165-9. This process gives the Board an opportunity to look at those conditional use standards that might have an impact upon the neighbors. It also gives neighboring properties an opportunity to learn of any change in use and have the opportunity to review it and come out and speak before the Board. Mr. Damon moved Conditional Use and Site Development Plan approvals to use the existing building located at 563 Odlin Road for an auto repair shop use in a General Commercial and Service District for Bernatche Auto Body, applicant. Mr. Miller seconded the motion. The motion passed unanimously. Item No. 3: Amending Chapter 165-135 – Schedule A to correct the existing language contained in a footnote of the Bass Park District. City of Bangor, applicant. C.O. # 14-034. 4 The Public Hearing was opened by the Chairman Sturgeon. Planning Officer Gould explained that this is an amendment to Schedule A to correct the existing language contained in a footnote of the Bass Park District. This amendment would delete two standards in the Bass Park District, an Impervious Surface Ratio and a Buffer Yard D. Originally this language was written back in 2004 at the time of the original attempt to do the racino at Bass Park. Because the Schedule A table does not contain columns for such standards in the Developed Urban Core, the two standards were included by the codification company as a foot note in the schedule. Up until 2011 no parcel within the City was zoned Bass Park District. In 2011 when the event center was proposed, the zoning was changed to Bass Park District. The District was also amended to allow for the construction of the event center and those two standards were not included in that amendment. At the time of the recent Contract Zone Change for the new hotel, it was discovered that this footnote was still in existence. Because Staff felt that it was not the intent to have them included, the intent of this amendment is to bring it back to what was intended in 2011. As no one spoke either in favor or in opposition, the Public Hearing was closed. Mr. Kenney moved to recommend to the City Council that the Zoning Amendment contained in C.O. # 14-034 to amend Chapter 165-135, Schedule A Urban Developed Areas Standards be approved. The motion was seconded by Mr. Bolin and it passed by a vote of six in favor and one opposed. NEW BUSINESS Item No. 4: Planning Board Discussion of 2014 Meeting Schedule. The Planning Board discussed the proposed 2014 Meeting Schedule. Planning Officer noted that in past years more than one or two board members requested that the meetings held on school vacation weeks be deleted. The Board discussed whether or not to include those weeks or schedule meetings during those two months on off weeks. Chairman Sturgeon indicated that there is always an option for holding special meetings. He suggested leaving the schedule as proposed and then if need be a meeting can either be schedule or rescheduled. It was the consensus of the Board Members to leave the schedule as proposed. APPROVAL OF MINUTES Item No. 5: Planning Board approval of Minutes. Chairman Sturgeon noted that the Minutes of the November 19, 2013 Meeting were in order. Mr. Bolin moved to approve the Minutes of the November 19, 2013 Meeting as printed. The motion was seconded and it passed unanimously. 5 Other Business Mr. Bolin felt that it would be interesting for the Board to know how the City Council votes on zone changes that have been before the Planning Board. Planning Officer Gould indicated that as part of the Comprehensive Plan process, the State is requiring that every five years, the City should review how they are doing in terms of plan compliance. He indicated that he felt that this should be done every year. Starting this April, Staff is planning to review with the Board all of the items that they have reviewed the previous year to see if they are in compliance with the Comprehensive Plan. There being no further items, the meeting was adjourned at 7:47 p.m.