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HomeMy WebLinkAbout2013-02-05 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF FEBRUARY 5, 2013 MINUTES Board Members Present: Andy Sturgeon, Chairman Paul Bolin Charles Boothby Doug Damon Wayne Mallar, Alternate Member John Miller Julie Williams City Staff Present: David Gould Peter Witham Chairman Sturgeon opened the meeting at 7:00 p.m. In the absence of Board Member Kenney, Alternate Member Mallar was asked to vote. PUBLIC HEARINGS Item No. 1: Conditional Use/Site Development Plan approvals to construct a 4,574 sq. ft. building for use as a restaurant with a dual drive-thru located at 665 Hogan Road in a General Commercial and Service District. McDonald’s USA, Inc., applicant. Mr. Miller indicated that he rents a parcel on Main Street to McDonald’s USA. He indicated that he did not feel that he had a conflict with this particular site and asked the Board to determine whether or not he has a conflict on this item. Mr. Bolin moved that Mr. Miller has a conflict of interest in this case. The motion was seconded by Mr. Damon. The motion failed unanimously (no conflict). Mr. Bolin disclosed that he is the Director of Human Resources at Eastern Maine Medical Center and that the franchise owner, Mr. Eckmann, is a volunteer Board Member of the hospital. He wished to disclose this but said that he did not feel it was a direct conflict. Mr. Damon moved that Mr. Bolin has a conflict of interest in this matter. The motion was seconded and failed to pass (no conflict). 2 Chairman Sturgeon opened the Public Hearing and asked for comments from the applicant. Anthony Guba, with Ayoub Engineering, along with Tessa Bernstein, with McDonald’s USA, and Gary Eckmann, the franchise owner were present in support of this application. Mr. Guba explained that the applicant is proposing to construct a 4,574 sq. ft. restaurant almost in the same location as the existing one. There will be no change to driveways, topography, and the traffic pattern on the site. The trash enclosure will remain and the landscaping will stay. The buffer along the front of the site will be enhanced by adding evergreens and plantings with a number of plantings against the building. Parking will remain on the outside edges of the building and they do not expect any increase in traffic. They are proposing to add a dual ordering point that they feel makes the site more efficient and the on-site movement better. Impervious area and runoff will be reduced. Mr. Guba indicated that they will also need to obtain SLODA approval. That application is presently being reviewed by Staff to be sent on to DEP. When DEP gives Bangor delegated authority they will be back before the Board. Regarding the Conditional Use standards, Mr. Guba indicated that the proposal meets the standards for the district, will not create traffic issues, there are adequate utilities provided, and the use and the architecture of the site conform with the general nature of the neighborhood. Mr. Damon asked if the cars at the outside ordering stations have to mesh traffic. Mr. Guba explained that the windows will operate the same. The first window is for payment and the second window is for food pick-up. Chairman Sturgeon asked for proponents. There being none he asked for opponents. There being none, he closed the Public Hearing and asked for Staff comments. Planning Officer Gould explained that this is an application from McDonald’s USA for Conditional Use and Site Development Plan approvals to replace the existing McDonald’s on the site. The points of access will not change, circulation is essentially the same, and they will keep the trash structure in the back corner. Regarding new features, they are installing two new tree box filters to make improvements to stormwater handling on the site. Originally built in the late 70’s the setbacks aren’t the same as today’s standards and many of the elements are grandfathered. They have proposed a “B” bufferyard on Hogan Road. As to the conditional use standards relative to a drive-up use they must demonstrate that they will not increase traffic, they are providing adequate utilities, and the architectural aspects are consistent with other buildings within 500 feet of the site. All of the details are in order. Mr. Gould noted that they will need to do a modification to the Maine Square Mall Site Location of Development Permit. Chairman Sturgeon asked for a motion. Mr. Bolin moved to grant Conditional Use and Site Development Plan approvals to construct a 4,574 sq. ft. building for use as a restaurant with a dual drive-thru located at 665 Hogan Road in a General Commercial and Service District. McDonald’s USA, Inc., applicant. The motion was seconded and the Board voted five in favor and none opposed. 3 NEW BUSINESS Item No. 2: Site Development Plan approval to construct a 6,824 sq. ft. addition for use as a place of worship and to construct a parking lot addition at 375 Mt. Hope Avenue in a Contract Government and Institutional Service District. Pilgrim Orthodox Presbyterian Church, applicant. Mr. Sean Thies, with CES, Inc. representing the applicant explained that they are proposing to construct a 6,824 sq. ft. addition on the back side of the existing church with some additional parking to accommodate the expanded building. The site is complicated because there is a deep drainage channel that runs down the site. They have had to put parking on the opposite side of the channel. They have applied for a Natural Resource Protection Permit for that process from DEP to cross this drainage channel. Also, there were specific buffering requirements under the Contract Zone Change Conditions. They have provided the necessary screening on the west side of the site to compensate for that transition yard, all utilities are provided and a stormwater treatment area has been proposed in the southwest corner to help with the runoff from the new parking area. Mr. Bolin asked about the treatment area and if it would be used as a snow dump area. Mr. Thies explained that originally a guard rail was proposed on the southwest corner to keep kids from playing there. It wasn’t an issue to keep cars out of there. In looking at this area which is a 2.5 foot gentle drop off to a depressed grass area, they did not feel that a guard rail was necessary. The do not plan to use this area to dump snow. Mr. Boothby asked if the depressed area has standing water or if it is a place for water to seep. Mr. Thies indicated that it is designed to drain dry in 24 hours and it is usually too dry to grow vegetation. Chairman Sturgeon asked for Staff comments. Planning Officer Gould explained that the applicant is requesting Site Development Plan approval to expand the Pilgrim Orthodox Presbyterian Church on Mt. Hope Avenue. Mr. Gould gave a history of the site noting that in 2002 the Church brought forward the existing Contract Zone Change. The existing conditions deal with lot coverage, building size, Impervious Surface Ratio, parcel setbacks, signage, minimum building height, and buffer yards from the adjacent neighboring properties. The designers have met all of the Contract Zone Change conditions and zone standards. Without the contract conditions the Government and Institutional Service District would allow an 80’ tall building and would not have an Impervious Surface Ratio. 4 Mr. Gould explained that the building will essentially double in size with both a lower level and an upper level. There is a gully/drainage way that bisects the site that poses certain limitations and they have provided a culvert to cross the drainage channel to access additional parking. The City Engineer has approved their drainage amenities, but does have concerns regarding the installation of a guard rail. The CZC conditions dictate what the buffers are to be. Staff has no concerns and suggested that the Board take note of the City Engineer’s concern regarding the guard rail. As there was no further discussion, Chairman Sturgeon asked for a motion. Mr. Miler moved to approve the Site Development Plan to construct a 6,824 sq. ft. addition for use as a place of worship and to construct a parking lot addition at 375 Mt. Hope Avenue in a Contract Government and Institutional Service District. Pilgrim Orthodox Presbyterian Church, applicant. Mr. Boothby seconded the motion. The Board voted unanimously in favor of the motion. Item No. 3: Site Development Plan and Site Location of Development Modification approvals to construct a 55,000 sq. ft. retail building and a 7,200 sq. ft. building to be used as a restaurant and a 10,000 sq. ft. mixed use building at 461 Stillwater Avenue in a Contract Shopping and Personal Service District. Stillwater Crossing, LLC, applicant. Chairman Sturgeon indicated that he had a conflict of interest as he is a principal with the firm that prepared the plans for this project. Mr. Miller moved that Mr. Sturgeon has a conflict of interest. Mr. Damon seconded the motion. The Board voted unanimously in favor of the motion. Vice Chairman Damon asked for a presentation by the applicant. Mr. Aaron Shaw, P.E. with Sewall Company, Vincent Maietta, Jeff Davis and John Theriault also with Sewall Company were present representing the applicant. Mr. Shaw explained that originally Shaw’s Supermarket planned to develop this site but later decided not to. The owner of the parcel went ahead and constructed the utilities on the site. The applicant is now proposing to construct three buildings: a Hobby Lobby which will be a 55,000 sq. ft. anchor store; a 7,200 sq. ft. Buffalo Wild Wings restaurant, and 10,000 sq. ft. building for a combination of restaurant and retail space. The public utilities are already in place, there will be 295 parking spaces. The internal green space is approximately double the size of what is required and the landscaping will be updated once the construction starts. There will be sidewalks from Stillwater Avenue into the site to connect the buildings and a sidewalk from the site to a bus stop. The stormwater system is already in place which consists of a large storage system underground and it has another bio retention system that will connect into the City’s system. The site holds a valid Maine Department of Transportation Traffic Movement Permit. 5 Ms. Williams asked if traffic will be able to make a left hand turn coming off the interstate at the light. Mr. Shaw indicated that it will remain the same for the time being. Mr. Damon asked if there was any stormwater runoff draining into a wetlands across Stillwater Avenue. Mr. Shaw indicated that there is a large unnamed wetland that is part of the existing drainage. Mr. Miller asked if they had looked into adding another exit. Mr. Shaw indicated that he thought that the contract zone change conditions only allows one exit. Mr. Tim Doody who manages the Parkade property for Inland Western across Stillwater Avenue indicated that their concern with this project is with traffic coming off the highway doing u-turns into their property. Mr. Damon indicated that this is a concern shared by everyone in the City but is not something that the Board can address. Mr. Vince Maietta, owner of Stillwater Crossing LLC indicated that he has taken Mr. Millers suggestion about an additional exit. He indicated that they would be willing to add this and come back before the Board in the future if this is something that it feels necessary. Planning Officer Gould indicated that this application is for Site Development Plan and Site Location of Development Act approvals. A large part of the ground work and utilities were installed when the site was originally approved for a proposed Shaw’s grocery store. Because this application doesn’t have any drive-up uses or car washes proposed it is a permitted use in the zone. The Contract Zone Change dealt with the pedestrian friendliness of the site, green space in the parking lot, a bus shelter and other elements that are part of the plan. Details were reviewed by the City Engineer’s Office and the Planning Office and found to be satisfactory. Mr. Gould indicated that there has been talk about a change in the square footage for a potential retailer. If this should change then they will need to come back before the Board. All the plans sets approved by the Board and the architectural plans that are submitted subsequently need to be consistent so that there aren’t any internal conflicts within the plan sets. The applicant provided elevation drawings of building exteriors. Under Site Law there is a visual quality standard and the general architecture depicted is consistent within the commercial development in the Stillwater area. Mr. Gould noted that the Parkade Development is on the boundary of a nonattainment watershed (Penjajawoc) and they were able to build their pond next to Drew Lane Site and pipe the outflow west of Stillwater Gardens to drain into an attainment watershed. Much of the impervious area is treated by a system under the parking lot. Mr. Gould noted that all of the off-site improvements were done several years ago. 6 Vice Chairman Damon asked for a motion. Ms. Williams moved to approve Site Development Plan and Site Location of Development Modification to construct a 55,000 sq. ft. retail building, a 7,200 sq. ft. building to be used as a restaurant and a 10,000 sq. ft. mixed use building at 461 Stillwater Avenue in a Contract Shopping and Personal Service District. Stillwater Crossing, LLC, applicant. The motion was seconded by Mr. Boothby, and it passed unanimously. APPROVAL OF MINUTES Item No. 4: Planning Board Approval of Minutes. Planning Officer Gould indicated that there were no minutes for consideration. Other Business Planning Officer Gould noted that because of School vacation there would not be a meeting scheduled the third week in February. He also noted that Staff has scheduled a Public Hearing for the Comprehensive Plan 2012 Update 30 days in advance of the March 5, 2013 Meeting to meet State requirements. There was no further discussion and the meeting was adjourned.