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HomeMy WebLinkAbout2010-03-16 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MARCH 16, 2010 MINUTES Board Members Present: Allie Brown, Chairman Jeff Barnes Paul Bolin, Alternate Member Doug Damon John Miller Nathaniel Rosenblatt Andy Sturgeon Miles Theeman City Councilors Present: Councilor Blanchette Councilor Palmer City Staff Present: David Gould Jim Ring Paul Nicklas Peter Witham Bud Knickerbocker Lynn Johnson News Media Present: Bangor Daily News Chairman Brown called the meeting to order at 7:00 p.m. PUBLIC HEARINGS Item No. 1: Conditional Use/Site Development Plan approvals to construct a 3,886 sq. ft. restaurant building with a drive-thru use located at 427 Main Street in an Urban Service District. McDonald’s USA, LLC, applicant. Mr. Miller asked to be excused from voting on this item as he is the owner of the property. Mr. Theeman moved that Mr. Miller has conflict of interest and should be excused. Mr. Rosenblatt seconded the motion which carried by a vote of 7 to 0. Mr. Sturgeon disclosed that he works for the same firm as the Traffic Engineer who conducted a traffic study for the applicant and asked the Board to make a determination as to whether he had a 2 conflict of interest. Mr. Theeman moved that Mr. Sturgeon does not have a conflict on this item. Mr. Barnes seconded the motion. The Board voted 6 to 0 in favor. Chairman Brown opened the Public Hearing and asked for a presentation. Mr. Fred Marshall, Plymouth Engineering, represented the applicant. He noted that Kevin Feeney, Tessa Bernstein, and Gary Eckman with McDonald’s and John Theriault, Traffic Engineer with J. W. Sewall Company were all present in support of this application. Mr. Marshall indicated that the applicant is requesting Site Development Plan and Conditional Use approvals to construct a 3,868 sq. ft, 74-seat restaurant with the drive-thru use at 427 Main Street at the former Miller’s restaurant site. Mr. Marshall discussed the conditional use criteria noting that this application met those standards. They propose an access to Main Street which aligns with Tim Horton’s and a second entrance off of Larkin Street. They are also proposing to construct a 200 foot sidewalk along the Larkin Street side of the site. He indicated that the applicant is proposing plenty of parking, will connect to municipal services and the building is consistent with the architectural style of other buildings in this area. Mr. Marshall indicated that the use of the site will not generate more than 100 new trips during any peak hour thus not requiring a Traffic Movement Permit. Mr. Marshall discussed the site development plan and indicated that it met the requirements of the Land Development Code. Mr. John Theriault, Traffic Engineer with James W. Sewall Company, discussed the turning movements along Main Street and the center turning lane noting that the left lane turns are offset thus not creating a problem for someone trying to enter this site and the Tim Horton’s site across the street. Mr. Theeman asked if the sewer easement requested by Staff was required before construction. Mr. Marshall indicated that it would be required before occupancy. Mr. Rosenblatt asked about the proposed lighting and whether the sound from the drive-thru would be regulated. Mr. Marshall indicated that the lighting will be cut-off and not shine beyond the centerline of the street (Larkin Street). The Menu board is volume controlled and it is not on a high volume, only sufficient to hear. McDonald’s did a noise study and found that it doesn’t spill into the residential areas. The nearest residential zone is 250 to 300 feet away and the volume can be regulated. Mr. Damon asked if they were proposing a privacy fence between this project and the existing building. Mr. Marshall indicated that they weren’t as the applicant did not intend to divide the property. Chairman Brown opened up the Public Hearing to comments from proponents. There being none, she asked for comments from opponents. Mr. Bill Masters who is an abutting property owner of 24 Larkin Street indicated that he was not really an opponent but had concerns about the proposed drive-thru. He was 3 concerned that his tenants would be able to hear noise from the speakers from their apartments especially early in the morning and late in the evening. Mr. Brian Dail, owner of 43 Larkin Street , expressed his concern about the status of the remaining parking lot on this lot and if people would be allowed to drive through the lot. As no one else spoke, Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer Gould indicated that the applicant, McDonald’s, proposes to lease ½ acre of an existing 2.2 acre site which is presently nonconforming as there is no access management or internal green space. He indicated that what happens to the remaining parking lot is that it remains unchanged. The existing lights will remain and access as it presently exists will remain. Mr. Gould indicated that the City is fortunate that McDonalds is going to rebuild their leased area to comply with Ordinance requirements. However, this will apply to only that leased area. This proposal meets the conditional use standards of the Land Development Code in that it complies with the use standards of the District, it won’t create unreasonable traffic congestion, it has adequate utilities, the architectural design is compatible with other uses in the area and there is adequate queuing space for the drive-thru. The applicant proposes 8 queuing spaces which is more than the 5 space minimum for this type of use. Planning Officer Gould indicated that the requirements for site development plan submittal have also been met. City Engineer Jim Ring indicated that in review of this site, they did not find a sewer easement document. He suggested that as a condition of approval that a sewer easement be submitted in a form acceptable to the City Solicitor prior to occupancy of the site. Mr. Rosenblatt asked if there was a noise standard for drive-thrus. Mr. Gould indicated that there is no decibel standard for drive-thrus. The Land Development Code regulates this through the provision of buffers. Mr. Marshall indicated that 32’ feet away from the drive-thru window, which would be in the middle of Larkin Street, the sound would be like a soft whisper at 30 decibels (30 dB). He indicated that McDonald’s will have control of the volume to minimize impacts and it is not likely that it will be a bother. Mr. Theeman said that he felt that this was an opportunity for the City to create a small buffer or add some foliage along Main Street. Mr. Theeman moved that the Board grant Conditional Use and Site Development Plan approvals at 427 Main Street for McDonalds, USA, LLC with the condition that an executed sewer easement be submitted and acceptable to the City Solicitor’s Office prior to occupancy. Mr. Barnes seconded the motion. The Board voted 7 to 0 in favor. 4 Item No. 2: To amend the Land Development Code by changing nine parcels of land located at 10, 12, & 18 Second Street Avenue, 35 Second Street and 10, 12, 14, 16-18 & 20 Sanford Street from Urban Residence 2 District to Government and Institutional Service District. Said parcels containing approximately 26,741 sq. ft. and being more particularly indicated on the map below. Bangor Young Men’s Christian Association d/b/a Bangor Y, applicant. C.O. #10-086. Chairman Brown opened the Public Hearing and asked for a presentation. Attorney Andrew Hamilton with Eaton Peabody represented the applicant, Bangor Young Men’s Christian Association, d/b/a Bangor Y, in its rezoning application request to change nine parcels located on Second Street Avenue, Second Street and Sanford Street from Urban Residence 2 District to Government and Institutional Service District. Also present in support of this application were Attorney Jonathan Pottle with Eaton Peabody, Mike Seile, CEO and Peggy Wentworth of Bangor Y, and Bangor Y Board Members Matt Pyzynski, Rich Armstrong and Rob Frank. Mr. Seile explained that the Y presently has two facilities and over the past 4 years has been looking at consolidating its operations at one site. A 2008 feasibility study indicated that the most cost effective approach would be to consolidate its programs to their Union Street site. In its quest to do this, the Y has either purchased or has a purchase and sales agreement to purchase nine properties along Second Street Avenue, Second Street and Sanford Street. He explained that in advance of any expansion plans, they are proposing (Phase I) to construct additional parking. The nine parcels under consideration will be used to create this parking. Phase II, which will come at a later date, will involve facility expansion. Attorney Hamilton outlined the zone change provisions indicating that zoning should be consistent with the Comprehensive Plan. He discussed various elements of the 2005 Comprehensive Plan Update indicating that the proposed institutional use fits in with the Plan’s goals and the use is appropriate for this area. There were no opponents to this zone change request. Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer David Gould indicated that this is a zone change request for nine parcels of land containing approximately ½ acre of land from Urban Residence 2 District to Government and Institutional Service District. The YWCA has been at this location since the 1920’s. When the Y approached the City relative to consolidation and expansion of its facilities the guidance provided was to look at expansions along the arterial roadways and limit the intrusion into the adjoining neighborhoods. The proposal brought forward by the Y essentially follows that guidance. The second item of note is that the YWCA was built at a time when it largely served the immediate neighborhood. As times and programs have changed, the Y now serves a much greater population traveling greater distances than before. Therefore, it’s very prudent for the Y to look at the provision of parking as a first phase of their plans. In some instances in the past contract zoning has been used as an appropriate vehicle for parking expansions. However, in this instance it does not seem warranted to limit portions of the 5 property to parking while the design is still evolving. Staff did not have concerns in recommending that the Board recommend approval to the City Council. Mr. Rosenblatt moved to recommend to the City Council adoption of the proposed zone change request at 10, 12, & 18 Second Street Avenue, 35 Second Street, and 10, 12, 14, 16-18 and 20 Sanford Street as contained in Council Ordinance 10-086. Mr. Theeman seconded the motion. The Board voted seven in favor and none opposed to recommend that the City Council adopt the proposed rezoning. NEW BUSINESS Item No. 3: Site Development Plan approval to construct a 22’ x 25’ loading dock addition and reconfigure the existing parking at 73 Hammond Street in a Government and Institutional Service District. Penobscot County, applicant. Mr. Miller indicated that he had a conflict of interest as a site that he currently owns was in discussion with the Post Office and he asked to be excused from voting. Mr. Theeman moved that the Board determine that Mr. Miller does have a conflict of interest and that he should be recused. Mr. Sturgeon seconded the motion. The Board voted 7 to 0 in favor of the motion. Penobscot County Commissioner Peter Baldacci introduced several people in support of this application including: County Commissioners Tom Davis and Steven Stanley, County Administrator Bill Collins, U.S. Postal Representatives Dick Shea, Joe Mulvey, and the Bangor Post Master. Attorney P. Andrew Hamilton representing the applicant indicated that the application is for approval of a 22’ x 25’ loading dock addition and to reconfigure the existing parking. He explained that the applicant was before the Board in February 2010 with a similar request. At that time, the Planning Board found that application did not meet the requirements under Section 165-114 Items B & C regarding safety with at least one of the driveways; pedestrian safety particularly around the proposed new addition of the loading dock; and, with the exit onto Franklin Street. Mr. Hamilton said that the Post Office wishes to relocate to this site. They are under a st time constraint and need to vacate the Federal Building by May 31and it is important to them to stay in the downtown. Mr. Hamilton explained that how the post office operates has changed. Presently, 300 to 400 employees work out of the Hampden Regional Facility. The 202 Harlow Street site is basically a store front post office with a minimum of 8 – 14 employees. There are 4 truck deliveries during regular hours and 4 after hours - two before 8 a.m., two in the morning, two in the afternoon and two in the evening. John Kenney, P.E. with WBRC Architects-Engineers discussed the site development plan pointing out the entrance on Hammond Street, configuration of parking, proposed 6 crosswalks and proposed signage throughout the site. He indicated that the delivery trucks would stay on-site approximately 20 minutes. Mr. Tom Gorrill, Traffic Engineer with Gorrill-Palmer, indicated that they conducted a traffic study on a rainy Thursday at the Post Office’s current site at 202 Harlow Street. There are 25 spaces at the Post Office’s present location. There will be 30 spaces on site for customers and 10 off-site spaces leased for employee parking. They found that the peak hours of usage were from 8:30 a.m. to 9:30 a.m., 11:45 to 12:15 p.m. and 3:15 to 5:30 p.m. The peak was from 4:30 p.m. to 5:30 p.m. At that time, 4 people walked to the site and 99 people drove to the site. At the 73 Hammond Street Site, he has recommended that the retaining wall be lowered to increase visibility in exiting the site onto Franklin Street and that a flashing light and warning alarm be placed there to warn pedestrians that a car is coming down the ramp. He also suggested that the parking space to the left of the ramp on Franklin Street be eliminated for better visibility, that crosswalks be striped on site; and that the parking be revised to be angled. Chairman Brown asked if the Board wished to entertain limited public comment. Mr. Rosenblatt indicated that he favored permitting public comments that are focused on the Board’s review standards. Mr. Rosenblatt moved to allow limited public comment to the site development review issues. Mr. Theeman seconded the motion which carried by a vote of 7 to 0. Attorney Tim Woodcock with Eaton Peabody gave a brief history as to the uses and changes to this area over the last 50 years. He added that this area is still going through change with the court system moving to Exchange Street, and the Bangor YMCA moving. Police Chief Ron Gastia, expressed concern about pedestrians using this site. He said that pedestrians don’t pay attention to signage. Signs on a site cannot be enforced by the officers. He also expressed his concern about pedestrians walking down the exit ramp to Franklin Street and that there is no way to prevent this. Another concern was that with traffic being diverted to Court Street. He indicated that he was glad to see that they are proposing to lower the height of the retaining wall. Mr. Theeman asked if he felt that people coming down the ramp will take a left onto Franklin Street and if this will add traffic onto Columbia and Hammond Streets. Chief Gastia indicated that he felt most will take a right onto Hammond Street. Mr. Theeman asked if the sheriff’s office will use the post office parking lot and what the feasibility would be of installing a traffic light at the intersection of Franklin Street and Hammond Street. City Engineer Jim Ring indicated that there is certain criteria that must be met to warrant the installation of a traffic signal. He did not feel that this location would warrant one nor was it a good location for one because of its close proximity to the one at Hammond, Main & Central Streets. 7 Mr. Rosenblatt expressed concern regarding the impact on adjacent streets and if there were assurances that because of the number of cars using the site that this use would not create gridlock there. He also asked where they would be locating their drive-up mail boxes Mr. Gorrill indicated that they had not studied effects upon adjacent streets. Mr. Gorrill said that he felt that the existing post office site creates more concerns than this one. In this site there is a one-way pattern. He offered other possibilities such as a gate with signage, that the first few parking spaces could be designated for employee parking only and that a parabolic mirror be installed. Attorney Hamilton said that the applicant was not aware of the Police Chief’s concerns. and asked for an opportunity to address questions raised by the Chief. Board discussed the traffic study conducted by Gorrill Palmer. Mr. Sturgeon asked Mr. Gorrill if he felt that this is a safe site. Mr. Gorrill indicated that it is not perfect but that he felt that it is safer than the current post office site. Mr. Dan Tremble, 21 Palm Street spoke in favor and said that he did not believe that there is a traffic problem especially since the courts have left the area and the YMCA is proposing to leave. He felt that this was a good site for this use. Mr. Brad Ryder, owner of Epic Sports felt that this is an excellent reuse of the building. He noted other building reuses for Eastern Maine Development Corporation and the University of Maine System. He indicated that he initially did have a concern about parking but he believed that that concern has been addressed. Mr. John Theriault indicated that he would like to see something go into this building. He suggested a geometric change to the mouth of the exit ramp onto Franklin Street to try and square it up to provide for better visibility and also to do away with some of the on- street parking spaces to provide for better visibility. Planning Officer Gould indicated that this Site Development Plan is for the addition of a loading dock and rearrangement of parking on the site. This proposed plan is an improvement over what is existing. He indicated that the Board needed to consider whether or not the application has met the standards of the Ordinance. The Board discussed whether the mouth of the exit ramp could be reconfigured, safety of the layout of the site; pedestrian travel, parking configuration, placement of a parabolic mirror, and impacts upon pedestrian traffic. Mr. Barnes moved that the Board grant Site Development Plan approval for construction of a 20’ x 25’ loading dock at 73 Hammond Street in a Government and Institutional Service District for Penobscot County, applicant. Mr. Theeman seconded the motion. Mr. Theeman suggested that the Board continue this item so that the applicant would have time to address those new issues brought up at the meeting. Mr. Hamilton indicated 8 that the applicant wished to accept this offer asked if it were possible to come back in one week. Mr. Barnes withdrew his motion and Mr. Theeman withdrew his second to the motion. th Mr. Barnes moved to continue this item to 4:00 p.m. on Wednesday March 24. Mr. Bolin suggested that the Board conduct a site visit prior to the meeting. Mr. Damon seconded the motion. It was the consensus of the Board to hold a site visit at 3:30 p.m. and the Special Planning Board Meeting immediately following on Wednesday, March 24, 2010. Mr. Hamilton noted the suggestions and concerns being the geometry of the throat of the exit onto Franklin Street, placement of a parabolic mirror, safety and layout of the site, pedestrian travel, configuration of the parking, and installation of a gate as items to consider prior to the next meeting. APPROVAL OF MINUTES Item No. 4: Planning Board Approval of Minutes – February 16, 2010 and March 2, 2010 Meetings. thnd Mr. Theeman moved to approve the Minutes of the February 16 and March 2 meetings. Mr. Barnes seconded the motion which carried unanimously. There being no further items for discussion, the meeting was adjourned at 10:29 p.m.