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HomeMy WebLinkAbout2009-03-03 Planning Board Minutes PLANNING OF THE CITY OF BANGOR MEETING OF MARCH 3, 2009 MINUTES Board Members Present: Alice Brown, Chairman Nathaniel Rosenblatt David Clark Doug Damon Jeff Barnes Miles Theeman John Miller City Staff Present: David Gould Peter Witham Lynn Johnson Chairman Brown called the meeting to order at 7:00 p.m. CONSENT AGENDA Mr. Rosenblatt asked that Item No 1 be removed from the Consent Agenda for discussion. PUBLIC HEARINGS Item No. 2: Conditional Use and Site Development Plan approvals for a revision to the approved plans to construct a retail store with an outside garden center located at 888 Stillwater Avenue in a Shopping and Personal Service District and a Stream Protection District. Wal-Mart Real Estate Business Trust, applicant. Chairman Brown noting that this Public Hearing was opened at the Board’s February 17, 2008 Meeting and continued to this meeting, asked for comments from the applicant or their representative. Attorney Ed Bearor, with Rudman & Winchell, explained that the applicant is requesting approval for amendments to their Site Development Plan which was originally approved in December, 2006. The major amendment to the plan is to provide access to the Hogan Road Extension which was not constructed at the time the applicant received Site Development Plan 2 approval. Mr. Bearor indicated that Alina Watt with James W. Sewall Company, the project engineer, and Emi Gwin, the project architect were also present to answer questions. Mr. Bearor indicated that other minor changes to the site plan included changes to the slopes and stormwater drainage. He indicated that the plan as revised is more in conformance with the Land Development Code as it is today (because the Code has been amended since the time of the original approval). Mr. Damon asked if there were any lighting changes. Mr. Bearor indicated that they were proposing lower lights on poles that conform to the existing lighting standards. Mr. Theeman asked if easements had been obtained regarding the placement of the overhead electric service and if the applicant had clarified what was proposed for lighting to the rear of the building. Ms. Alina Watt indicated that the lighting meets the full cutoff requirements. Mr. Rosenblatt asked if the applicant had obtained an easement from the abutting property owner for the installation of the overhead electric service and if the site is open to the abutting Eremita and Valley lot. Mr. Bearor indicated that the applicant had obtained an easement from the abutting property owner and the site was open to the Eremita & Valley lot. Mr. Rosenblatt asked if the applicant had submitted additional traffic information showing traffic volumes from both the existing entrance and at the Hogan Road Extension. He indicated that he felt that this information would make a difference in his decision. Mr. Bearor indicated that Section 7 of the Traffic Movement Permit had been submitted. Mr. Rosenblatt asked if additional traffic analysis had been done showing the number of vehicles using the Hogan Road Extension and the number using the main entrance on Stillwater Avenue now that the Hogan Road Extension is in place. Mr. Bearor noted that this project was approved and the traffic information submitted in support of the original application was for a single entrance on Stillwater Avenue. At that time, the Hogan Road Extension had not been built nor did the applicant have an access to it. Mr. Theeman asked if the applicant be able to obtain a certificate of occupancy if this revised Site Development Plan were not approved. Mr. Gould indicated that the applicant has an approval for this project. Any changes to the plan since that approval would need to be addressed. Mr. Rosenblatt asked what the Level of Service was for the affected intersections. Mr. Bearor indicated that the Level of Service has either remained the same or has improved with this site plan. He noted that there have been many off-site improvements to several intersections in the area as conditioned in their Traffic Movement Permit. Mr. Damon indicated that the applicant was not asked for any further information and that he intended to support the applicant. Mr. Clark felt that people will use the Hogan Road Extension and this will lessen the volume of traffic using the Stillwater Avenue entrance. He indicated that he planned to support this applicant as did Mr. Barnes. Chairman Brown then opened the meeting up to those who wished to speak in favor of the project. Ms. Cindy DeBeck, a Member of the Marsh Mall Commission and whose family owns abutting property, indicated that at the time the Marsh Mall Commission reviewed this, 3 the Commission recommended construction of the Hogan Road Extension. She wanted to go on the record with the fact that during those discussions, the concept of connectivity of the properties in the area was assured. She said that Walmart and the Sewall Company assured them. To date, however, this has not been addressed. Ms. DeBeck indicated that she spoke with representatives at James Sewall Company, and with Mr. Bearor who all indicated that they could provide language to insure this but that is as far as it has gone. Chairman Brown then asked for comments from opponents. There being none, she closed the Public Hearing and asked for Staff comments. Planning Officer Gould indicated that this is a request for approval of revisions to the approved Conditional Use and Site Development Plan to construct a retail store and outside garden center at 888 Stillwater Avenue in a Shopping and Personal Service District and a Stream Protection District. Since the December 4, 2006 approval, there have been revisions to the site which include the connection to the Hogan Road Extension (which is also presently under construction), changes to the stormwater management system, amendments to the erosion control plan, revision of the stream enhancement plan plus a new side entrance to the building. Other revisions include 118 square feet of additional floor area, 226 sq. ft. of additional garden center area, the light pole height has been decreased to 25 feet, as well as, utility and grading changes. Mr. Gould noted that the applicant now has a signed agreement with the abutting property owner to run overhead utility service to their site. Regarding the concern about traffic volumes, Mr. Gould indicated that he had spoken to City Engineer Jim Ring who indicated that he was confident that the intersections would see an improvement as a result of the off site improvements all as laid out in the MDOT Traffic Movement Permit. Mr. Gould indicated that the Staff felt that the requirements for submittal had been met and recommended that the Board grant both approvals. Chairman Brown asked for a motion. Mr. Rosenblatt moved to approve the Conditional Use request for Wal-Mart Real Estate Business Trust at 888 Stillwater Avenue. Mr. Barnes seconded the motion which passed by a vote of 7 to 0. Mr. Rosenblatt moved that the Board grant Site Development Plan Revision approval to Wal-Mart Real Estate Business Trust at 888 Stillwater Avenue. Mr. Theeman seconded the motion which also passed by a vote of 7 to 0. Item No. 3: Conditional Use/Site Development Plan approval to construct a 1,630 sq. ft. building for use as a restaurant with a drive-thru window located at 440-450 Main Street in an Urban Service District. Little Wood Island, LLC, applicant. Mr. Damon noted that he works at the real estate office that is owned and operated on the abutting property and asked the Board if they felt that he had a conflict of interest. Mr. Rosenblatt made a motion that there is no conflict of interest. The motion was seconded by Mr. Theeman and it passed by a vote of 6 to 0. Chairman Brown opened the Public Hearing. Mr. Vinal Applebee, of Applebee Engineering, represented the applicant. Mr. Applebee indicated that Mr. Ed Marsh of Little Wood Island LLC and Mr. Peter Hedrick a traffic engineer with Gorrill Palmer were also present. Mr. Applebee indicated that the proposal is to construct a 30-seat Tim Horton restaurant with a drive-thru at this location. Mr. Applebee discussed the site development 4 plan elements noting that they are providing 20 parking spaces and will have a queue for 17 cars from the entrance to the site to the drive-thru window (seven cars in the drive-thru lane and nine cars in the parking lot). The lighting will be on 20’ poles and will not exceed the 25’ height limit. They are proposing a new sidewalk with a grassed esplanade. All utilities will be public with buried electric service. Mr. Applebee noted that the applicant has received minor yard variations from the Code Enforcement Office. The retaining wall will average 25’ in height, they proposed to reduce the existing curb cuts from 3 to 1, and there will be signage that indicates no trucks, passenger vehicles only. Mr. Peter Hedrick a traffic engineer with Gorrill Palmer indicated that this proposal will generate 83 in and 83 out peak hour a.m. trips and 21 in and 21 out peak p.m. trips. He indicated that 70% will be pass by traffic. Main Street has plenty of capacity as it has four lanes of travel with a center turning lane. Mr. Hedrick indicated that the Maine Department of Transportation has issued a draft Traffic Movement Permit. Mr. Theeman asked how long they anticipated that someone will have to wait to get service at the drive thru. Mr. Hedrick said that they are striving for 2 minutes or less. Mr. Rosenblatt asked if this layout would be better than the Dunkin Donuts facility further up Main Street which often has cars queuing out on Main Street. Mr. Applebee indicated that as proposed there is more space for queuing on this site. Mr. Ed Marsh of Little Wood Island LLC indicated that they feel that they have designed this site so as to not run into the same problems that the Dunkin Donuts or the McDonalds have had in this area. Mr. Rosenblatt asked what the proposed Level of Service is and where the runoff from this site goes. Mr. Applebee indicated that it is projected at a Level of Service C and part of the site flows to the street and the remaining area flows to the rear of the site. Mr. Clark was concerned about the retaining wall with a 24’ drop off. Mr. Applebee indicated that they propose a 6’ chain linked fence around that area. Chairman Brown opened up the discussion to those who wished to speak in favor of the project. Mr. Dave Sleeper, an abutting property owner, indicated that he was in favor of the project. No one spoke in opposition and Chairman Brown closed the Public Hearing and asked for Staff Comments. Planning Officer Gould indicated that this application for conditional use and site development plan approvals is for construction of a 1,630 sq. ft. restaurant building with a drive-thru window. Staff recommended both Conditional Use and Site Development Plan approvals as the plans submitted met the four standard conditional use standards, as well as, the two conditional use standards of the Urban Service District. The Site Development Plan meets the requirements of the district and for submittal. Mr. Gould indicated that City Engineer Jim Ring felt that the details of the project were in order from an engineering standpoint and that the traffic review was adequate for this project. Mr. Gould indicated that Staff would recommend approval with the standard condition that the applicant obtain a Traffic Movement Permit from the Maine Department of Transportation. 5 Chairman Brown asked for a motion. Mr. Rosenblatt moved that the Board grant Conditional Use approval to Little Wood Island LLC at 440-450 Main Street with the condition that the applicant receives a Traffic Movement Permit from the Maine Department of Transportation. Mr. Theeman seconded the motion. The Board voted 7 in favor and 0 opposed. Mr. Rosenblatt moved that the Board grant Site Development Plan approval to Little Wood Island LLC at 440-450 Main Street with the condition that the applicant receives a Traffic Movement Permit from the Maine Department of Transportation. Mr. Theeman seconded the motion which passed unanimously. NEW BUSINESS Item No. 1: Site Development Plan Revision approval to create a new right- in, right-out only entrance on the south side of the property located at 482 Stillwater Avenue (Bangor Parkade Retail Center) in a Contract Shopping and Personal Service District. Inland US Management LLC, applicant. This item was also continued from the Board’s February 17, 2009 Meeting. Mr. John Theriault, representing the applicant, explained that this application is to add a new right- in/right—out only access drive at the southerly end of the site at 482 Stillwater Avenue approximately 175 feet north of the Drew Lane intersection. Mr. Theriault indicated that they have been before the Marsh Mall Commission who approved this with the condition that they provide a sidewalk from the new driveway to Drew Lane. Mr. Theriault discussed the proposed site development plan noting that a 6” raised island would be installed on Stillwater Avenue to create a physical barrier to the site. Mr. Theriault also looked at projected traffic and how this new entrance would affect it. Mr. Theriault indicated that 25% of the traffic is right turns. He said that he felt that this new driveway will alleviate some of the traffic congestion at the main entrance. The existing entrance is working at a Level of Service C. Mr. Clark expressed his concern that even though one is not supposed to make a left hand turn at the interstate off-ramp many are, or they are driving through the Parkade site and making a u-turn to go down Stillwater Avenue. Mr. Rosenblatt noted a letter distributed to the Board from Ms. Trish Hayes, a Drew Lane resident, who expressed concern about the traffic along Stillwater Avenue which makes it very difficult to exit from Drew Lane, and concern that several of the plantings on this site have died and have not been replaced. Ms Hayes was in attendance at the meeting and discussed her concerns with the Board, as well. Mr. Gould commended Ms. Hayes for putting her comments in writing. He noted that Staff forwarded Ms. Hayes’ letter to various City Staff, as well as, the Board. Mr. Theeman wanted to go on record that the Board request that the Code Enforcement Office look at the buffer plantings and their compliance with the approved site plan. The Board Members discussed on-site traffic and queuing within this site and the installation of vertical barriers rather than a 6” barrier. Mr. Theriault indicated that he felt that 6 the 6” barrier would be adequate to provide separation and noted that during the winter months it would be covered with snow providing even more separation. Ms. Cindy DeBeck, of the Marsh Mall Commission noted that the Commission in its review had requested that the applicant provide a sidewalk to Drew Lane as there is a walking trail there. Ms. DeBeck noted that at the time that the interstate off ramp was proposed the majority of the Stillwater Avenue residents did not want a left hand turn there because they were afraid that it would add too much traffic on that end of Stillwater Avenue. Mr. Gould added that the off-ramp is under the jurisdiction of the Federal Highway Commission who prohibited a left hand turn off of the interstate off ramp. The off-ramp was added at this location to alleviate traffic coming off of Hogan Road. No one else spoke and Chairman Brown asked for Staff comments. Planning Officer Gould indicated that the plans, as submitted, meet the requirements for submittal and Staff recommended Site Development Plan approval with the condition that the entrance not be open to the public until such time as all of the off-site improvements are in place. Mr. Damon moved that the Board grant Site Development Plan approval to Inland US Management LLC at 482 Stillwater Avenue. Mr. Barnes seconded the motion. Mr. Damon moved to amend his motion to add the condition that the entrance not be open to the public until all of the public improvements are in place. Mr. Theeman seconded the amendment motion. The Board voted six in favor and one opposed to the motion, as amended. OTHER BUSINESS Item No. 5: Update on the Activities of the Special Committee on Comprehensive Planning. Mr. Rosenblatt as Chairman of the Special Committee on Comprehensive Planning, indicated that he wished to report back to the Planning Board on the activities of the Committee. Mr. Rosenblatt indicated that in 2009 the Committee has discussed topics such as the existing Land use Plan, the Rural Residence and Agricultural District, and has had a presentation on the Waterfront and Harbor. Other topics for future discussion include housing issues, economic development, pedestrian amenities, natural resources, schools, parks, open space and other issues. Mr. Rosenblatt indicated that any Board Member is welcomed to attend any of the meetings and he would be periodically updating the Board on the Committee’s discussions. Board Members discussed their concerns over a Memorandum written by the City Manager to the City Council regarding Planning Board attendance. 7 APPROVAL OF MINUTES Item No. 4: Planning Board Approval of Minutes. Chairman Brown indicated that the Minutes of the February 3, 2009 and February 17, 2009 Meetings were in order for approval. Mr. Barnes moved to approve both sets of Minutes. The motion was seconded by Mr. Theeman and passed by a vote of 7 to 0. There being no further items for discussion, the meeting was adjourned at 9:21 p.m.