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HomeMy WebLinkAbout2008-09-02 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF SEPTEMBER 2, 2008 MINUTES Board Members Present: Allie Brown, Chairman Jeff Barnes David Clark Doug Damon Laura Mitchell Nathaniel Rosenblatt Miles Theeman City Staff Present: David Gould James Ring Peter Witham Lynn Johnson News Media Present: None Chairman Brown called the meeting to order at 7:00 p.m. CONSENT AGENDA As no one wished to remove either item from the Consent Agenda, Chairman Brown asked for a motion. Mr. Theeman moved to approve the Consent Agenda. Mr. Rosenblatt seconded the motion which carried unanimously. The items approved are as follows: Item No. 1: Site Development Plan approval to construct a 4,452 sq. ft. building for office and storage use located at 1380 Hammond Street in a General Commercial and Service District. Perry & Morrill, Inc., applicant. Item No. 2: Site Development Plan approval to construct a 1,024 sq. ft. garage at 861 Broadway in a Contract Industry and Service District. Zone Corporation, applicant. 2 PUBLIC HEARINGS Item No. 3: Amending the Land Development Code, Chapter 165, Section 165-13 – Definition of Open Space Parcel – City of Bangor, applicant. C.O. #08-286. Chairman Brown opened the Public Hearing. Planning Officer Gould explained that approximately two weeks ago this same section of the Land Development was before the Board for amendment. At that time, it was noted that there was an error in the published version of this amendment. This amendment would correct the definition of Open Space Parcel to clarify open space as part of a subdivision and when an open space may be designated outside of a subdivision. Mr. Gould added that the Subdivision Ordinance already requires open space for new development. The language clarifies that “open space” is exempt from certain development standards that would typically be applied to development parcels such as road frontage, minimum lot area, and minimum lot width. No one spoke either in favor of or in opposition to the amendment. Chairman Brown closed the Public Hearing and asked for a motion. Mr. Rosenblatt moved to recommend approval to the City Council of the amendment to Chapter 165, Section 165-13 - Definition of Open Space Parcel as contained in C.O. #08-286. Mr. Barnes seconded the motion which passed by a vote of 7 to 0. NEW BUSINESS Item No. 4: Site Development Plan and Site Location of Development Modification Approvals to construct a new 1,643 foot entrance road located on Griffin Road and make landscaping improvements at 1 College Circle in a Government and Institutional Service District. Husson College, applicant. Mr. John McCormack with CES, Inc. representing the applicant, explained that this is a request to do some landscaping at the main entrance, add a sidewalk along the side of the road, do some landscaping by the soccer field, and construct a new driveway on Griffin Road. Ms. Mitchell asked if they proposed a sidewalk on the driveway coming in from Griffin Road. Mr. McCormack indicated that they did not propose a sidewalk along this new driveway. Mr. John Rubino, of Husson College, indicated that they have widened the driveway to 32 feet making it four feet larger on both sides than a normal travel lane. This was widened in order allow for someone to walk or ride a bike. Mr. Theeman asked if they planned to mark the sides of the roadway to delineate a bicycle lane or walking lanes. Mr. Rubino indicated that they proposed striping on the roadway. 3 Mr. Rosenblatt asked if they conducted a traffic study or were proposing any related traffic improvements on Griffin Road to anticipate how the new access is going to affect traffic patterns in the area. Mr. McCormack indicated that they did not conduct a traffic study or propose any traffic improvements on Griffin Road because this project only involves a driveway that connects to Griffin Road and will not generate a great deal of traffic nor change the amount of traffic related to the campus. Mr. Rosenblatt asked what percentage of the traffic going to the campus will use this access drive. Mr. Rubino indicated that they did not know at this time. Chairman Brown noted that because this is a driveway issue, traffic is not one of the standards that the Board will be considering on this particular project. Planning Officer Gould indicated that because this is a permitted use the Board needs to consider this under the standards of Section 165-114. There is no standard for traffic for a permitted use. Mr. Theeman and Ms. Mitchell expressed their concern that there was no sidewalk proposed. Mr. McCormack indicated that because there are no sidewalks presently on Griffin Road they did not feel that there would be a lot of pedestrian traffic coming down that road. Ms. Mitchell asked if they considered the fact that across the street and next door to the driveway the zoning is proposed for High Density Residential use and Husson’s previous proposal for student housing. Mr. Rubino indicated that the plan for student housing was submitted by another entity and was located more northwesterly than this road. At this point in time they do not have plans to build housing. Mr. Barnes indicated that he supported this project and added that he felt that this roadway will reduce traffic on the residential area on Husson Avenue. He said that it only makes sense for fire and safety reasons to have two entrances. Chairman Brown then asked for comments from Staff. Planning Officer Gould explained that this application from Husson College is for Site Development Plan and Site Location of Development Act Modification approvals. This driveway connection from the center of the campus out to Griffin Road has been in their plans for a number of years. In 2005 when Husson did a Master build out plan, it was done to try to get ahead of stormwater improvements. A major detention pond was built at that time with the idea that as they built out the campus this roadway was a part of that analysis. Initially it was a 24’ roadway and they have designed it wider and revisited the stormwater calculations to make sure that that additional impervious would be handled within the pond in the drainage analysis. They came to the conclusion that it was more than adequate to deal with that. There are a few minor changes at the main entrance which are cosmetic which include landscaping and signage improvements. The last time a traffic analysis was done was at the time of the meeting house project where the number of trips that would be generated by that project warranted MDOT Traffic permitting. Some analysis was made of the anticipated areas where traffic would go at that time and this roadway was not in the mix. Relative to sidewalks, a few years ago the City extended the public sidewalk system on Husson Avenue out to Husson College. There are no sidewalks on Griffin Road at this time and there is very little development along Griffin Road. If the City were to build sidewalks on Griffin Road it would make a lot of sense to have a sidewalk in the project. This discussion should continue as 4 the build out continues. Staff feels that the new roadway will go a long way to balance and take some of the pressure off Husson Avenue and Broadway where most of that traffic has to go now so that some of the trips can go out Griffin Road and Broadway without going through that heavier corridor now. Mr. Rosenblatt asked if Staff was comfortable that there was enough reserve left of the capacity for stormwater from this project. Mr. Gould explained that when they did the roadway it was based on a roadway with 24 foot wide pavement. Because they widened it, they went back and ran the numbers again from pre development to post development to make sure that the system still could accommodate that additional impervious. Mr. Theeman asked what the buffer or set back requirements would be along the side of the road or along the side of Griffin Road. Mr. Gould indicated that this is their private driveway and it is not a public street. Along Griffin Road if someone were to build a parking lot it would require a “B” buffer yard which is a minimum of 20 feet between that road right- of-way and the parking lot. There is more than adequate room to do that. Ms. Mitchell felt that this was the time to discuss sidewalks and traffic. Mr. Barnes felt that installing a sidewalk would create a situation where you would be going out to a street where there is no sidewalk. He indicated that he was a supporter of sidewalks in subdivisions when there is a plan to integrate them into other sidewalks. At this time he saw no reason for a sidewalk. Chairman Brown agreed and said that if there is future development there then that would be the time to continue the dialogue on sidewalks. Mr. Theeman indicated that he would feel better if there was striping on either side of the driveway. Mr. McCormack indicated that the applicant would agree to do that. Mr. Theeman moved that the Board approve the Site Development Plan to construct a new 1,643 foot entrance road located on Griffin Road and make landscaping improvements at 1 College Circle in a Government and Institutional Service District for Husson College, applicant with the condition that the 1,643 foot entrance road be marked on both sides for pedestrian and bicycle lanes. Mr. Barnes seconded the motion. The Board voted six in favor and one opposed. Mr. Theeman moved that the Board approve the Site Location of Development Modification to construct a new 1,643 foot entrance road located on Griffin Road and make landscaping improvements at 1 College Circle in a Government and Institutional Service District with the condition that the 1,643 foot entrance road be marked on both sides for pedestrian and bicycle lanes. Mr. Barnes seconded the motion. The Board voted six in favor and one opposed to the motion. Item No. 5: Site Development Plan approval to construct a 5 ½ story parking garage and add another level to the existing parking garage located at 489 State Street in a Government and Institutional Service District. Eastern Maine Medical Center, applicant. 5 Mr. Theeman indicated that the parent company of EMMC is also the parent company of the organization that he works for and asked to be recused. Mr. Rosenblatt moved to excuse Mr. Theeman. The motion was seconded by Ms. Mitchell and passed unanimously. Mr. John McCormack, with CES, Inc., along with Jeff Mylan and Jan McLaughlin from EMMC were present in support of this application. Mr. McCormack indicated that this project is an extension of the existing parking garage which was constructed about 10 years ago. The new garage will be a couple of stories higher than the existing garage and it will have entrances and exits on the EMMC internal access drive. Mr. Jeff Mylan, a licensed Professional Engineer in the State of Maine and Director of Construction Services at EMMC, indicated that there is a parking challenge here and they have a commitment to the State Street Campus. They have done various engineering analyses over the years and all of the studies show that patients and visitors have a hard time finding a parking space. In addition, members of management, and support departments currently park off-campus. On a daily average they are bussing approximately 300 people to the campus. They currently rent spaces from the Pickering Square Garage and they also have a 202 space lot off of Sylvan Road. The cost of the busing and rental of spaces is approximately $490,000 per year. They estimate that the current parking deficit is about 535 spots per day. The proposed garage expansion will accommodate 809 spaces for a net increase in available parking of 649 spaces. This will allow them adequate parking for patients, visitors, and the employees that they are presently bussing back and forth back to the campus. They anticipate that they can complete construction in June 2009 provided that they obtain all the necessary approvals. They are planning in the future a new inpatient tower where the circle is now in front of the Grant building. But as of now they do not have all of their approvals in place for that. He noted that they wanted the neighborhood involved and a few months back they were looking at the feasibility of tearing down the Wing house and adjacent Robinson house for parking. After some neighborhood meetings it was concluded that this was not a good option and the solution was a parking garage expansion. Mr. Rosenblatt asked about a letter sent from DEP expressing concern that this project commenced without permits and concerns about storm water. Mr. Mylan said that they were planning to start relocation of the City utilities. There was a misunderstanding between the DEP, the City of Bangor and EMMC and they are working very closely with the DEP on this matter. Mr. McCormack explained that when the DEP performed their review of this application the only question they had was that they wanted to know where the stormwater from the new garage was going from the actual location of the new garage all the way down to the river. They went back with their field crews, surveyed that information, and located the pipes. Mr. McCormack indicated that this is actually going down the same pipes that the water is going now. This information has been forward to DEP. Mr. Damon asked what the traffic impact will be with the addition of 650 additional parking spaces. Mr. Victor Smith, a traffic engineer with CES, Inc., indicated that they looked at traffic from this site and concluded that with the additional traffic from those presently 6 being bussed around the City will generate approximately 100 cars in the peak hour. There are approximately 300 cars that will come there everyday, come through the parking garage in the morning and that is typically spread out over a three hour period. In the afternoon the people who are leaving are spread out over a 3 hour period. In other words, they project that there will be approximately 100 cars an hour over a three hour period. He put this into a model and all of the traffic signals systems in the area will continue to run at a level of service “C” or better. Mr. Smith indicated that the system is capable of handling the new traffic coming to the site. Mr. Clark asked if they still proposed to use the Wing Lot. Mr. Mylan indicated that they are still planning to utilize the Wing Lot. Mr. Clark asked if the parking garage will built in such a way that would allow them to add floors at a later date and if the life flight helicopter would remain on top of the existing facility. Mr. Mylan indicated that it is his understanding that they cannot add to the proposed 5 1/2 level garage, but would be able to add one more level to the existing parking garage which is before the Board tonight. The life flight helicopter will not relocate and will remain at the top of the hospital where it is today. Mr. Rosenblatt asked Mr. Smith if he was comfortable that the access to the site has the capacity to handle the increased volume and he asked about the location of the new entrance and exit being located so close to the existing entrance and exit. Mr. Smith indicated that he felt that it does have the capacity to handle the traffic and because of the grades and the fact that peak hours will have people entering the site in the morning and exiting the site in the evening. Chairman Brown asked for comments from Staff. Planning Officer Dave Gould explained that this is a request for Site Development Plan approval to construct a 5 level parking garage and a one level addition to the existing parking garage at Eastern Maine Medical Center campus on State Street which is in a Government and Institutional Service District. Mr. Gould gave a history of the development on the campus. As the 1990’s came around the finite space that is available there was realized and that is the first time the hospital looked at structured parking. The real dilemma that they have now is that every time they build a new building on campus not only do they loose spaces but it increases the demand for parking. The only way to get ahead of the curve is to go to a structure where you can build more than one space in that amount of land area. Mr. Gould indicated that they are building a concrete parking garage on top of a paved parking lot so there is no increase in terms of stormwater pre and post. It will not be treated any differently than it is now. It is within part of the City’s stormwater system and this is what the excavation was all about to relocate the City’s system out from under where the structure is going to go. This proposal does not add any new driveways or access off of the City streets. They are going to utilize the existing hospital entrance road. The two garages will be interconnected but they will have separate entrance/exits off of the hospital drive. Staff pointed out an issue with lighting which was addressed in the site plan regarding the cut off fixtures and the height of those. Planning Officer Gould indicated that all of the details meet the requirements for Site Development Plan approval. 7 As there were no further questions or comments, Mr. Rosenblatt moved that the Board approve the Site Development Plan to construct a 5 ½ story parking garage and add another level to the existing parking garage located at 489 State Street in a Government and Institutional Service District for Eastern Maine Medical Center, applicant. Ms. Mitchell seconded the motion which passed by a vote of 7 to 0. Item No. 6: Site Development Plan approval to construct a 24,000 sq. ft. retail and office building located off of the new Hogan Road Extension (30 Kittredge Road) in a General Commercial and Service District and construct new curb cuts to the new Hogan Road Extension and the abutting Wal-Mart from Crossroads Plaza at 930 Stillwater Avenue in a Shopping and Personal Service District. CMI and Eremita & Valley, applicants. Attorney P. Andrew Hamilton with Eaton Peabody represented the applicants. Also present were Mike Eremita and Tom Valley, the applicants, Fred Marshall with Plymouth Engineering, Tom Gorrill a traffic engineer with Gorrill Palmer and Lynne Spooner of the Merrill Bank. Mr. Hamilton indicated that this application is to amend a previously approved site development plan. The previously proposed building at 30 Kittredge Road has been reduced to a two story, 24,000 sq. ft. building with retail on the first floor and the remainder office use. This project also includes the final design and location of the City’s Hogan Road extension and makes modifications to the site to create access points on the Hogan Road extension. It also makes changes on both the existing site and the previously approved site for parking layout. He noted that they received approval of this proposal from the Marsh Mall Commission on August 28, 2008. Mr. Hamilton discussed the access points from this site. He noted that Lynne Spooner of Merrill Bank was present in support of both access points for the drive-thru and customer service function of the bank at this location as well as the connection to the Hogan Road extension. Mr. Rosenblatt indicated that this situation overall is impaired by the fact that Wal- Mart has not come forward with their revised site plan and that the Hogan Road extension is ending at a retaining wall. Mr. Hamilton indicated that they noted that and they do not feel responsible for that condition. Mr. Rosenblatt said that he had thought at some point there was representation to the Board that with the construction of the Hogan Road Extension there would not be two access points on Stillwater. Mr. Hamilton indicated that at some point there was some suggestion that the middle access might be closed. In the modern discussions and for the last five years, they have always talked about retaining the middle access as a right-in, right-out access. Mr. Tom Gorrill, a Traffic Engineer with Gorrill Palmer, explained that they are proposing a right-in, right out access at the driveway and he felt that this will provide reasonable and safe access to that site. The right turn is not proximate to another intersection where it is going to confuse drivers and will provide some relief. Mr. Gorrill indicated that to provide triple right in and right out accesses there would be better than a single driveway. 8 Mr. Rosenblatt noted that this project in 1994 was conditioned that the northeasterly access drive to the site be closed off and relocated to the extension of the Hogan Road at such time as it is constructed through the site. Mr. Hamilton said that he felt that the middle access should continue to be approved. In 2005 the Board did revisit this question. It is his understanding that was preserved as a right-in, right-out so the record should be completely clear on this issue. Planning Officer Gould indicated that in 1994 the original project was approved by the City under delegated authority. At that time, traffic movement was part of the Site Law and the City hired outside consultants to review the traffic and this was in the Board Order approving the project. In 2005 the applicant came back to the City to reinvigorate the upper portion which had not been constructed for site plan approval with no modification to the site law permit. The Board reviewed that application but the applicant did not act on it and it expired. The applicant is now before the Board for site plan approval only without seeking a site law modification. Mr. Hamilton indicated that this is a project that is in part the host of the City’s Hogan Road Extension. He indicated that this is a project where it is fair to ask for reasonable and safe traffic circulation on this site. If there was an understanding in 1994, that has become overtaken by traffic conditions. Mr. Hamilton indicated that he felt that it would not be a good approach to rely on a 1994 approval as to what should happen in 2008. Mr. Rosenblatt asked Mr. Gorrill to address the proposed accesses again. Mr. Gorrill indicated that they are proposing a right-in, right-out only access at the northerly Stillwater entrance and also for the entrance nearest the bank. He indicated that he was concerned about the left-in and left-outs at those driveways. Mr. Rosenblatt asked if he had done any estimates of what the volumes are likely to be on the Hogan Road Extension. Mr. Gorrill indicated that when the Wal-mart study was done, this was included in their study and they indicated that it would be 98. At that time they did not consider this extension but with the extension in place, what ends up happening is it is going to better than what was in their study. Mr. Rosenblatt asked if the volume of traffic on the Hogan Road Extension going to the Wal-Mart project is going to be such that left turns into both pieces of this project are going to be difficult. Mr. Gorrill indicated that because this is a relatively low volume it would not have an impact. The Board discussed the access from this site to the Wal-Mart site, and the number of proposed parking spaces for the proposed uses. Mr. Fred Marshall indicated that the 2005 approval (which has now lapsed) was that parking would be shared between the two sites and this is what they are proposing now. The parking calculations for the restaurant based on one space for every 200 sq. ft. is limiting the restaurant to 6,000 sq. ft. There is surplus of parking on the Crossroads site. They calculated the square footage in the existing Crossroads site to make sure that it satisfied the parking requirements while still ending up with a surplus. Mr. Rosenblatt asked Mr. Marshall to explain how they anticipate the parking will work. Mr. Marshall indicated that 9 they are proposing a sidewalk to connect the parking lots and the customers would be walking across the Hogan Road Extension. Mr. Damon noted that people cross Main Street to get to satellite parking which works, he did not think that it was unmanageable. He felt that this design is something that works. Ms. Mitchell had concerns about the dual entrances being so close to each other and indicated that she felt that it is less of a traffic issue on Stillwater Avenue than on their site. Mr. Clark noting that there are two entrances there now and the parking lot is not usually full, asked if they anticipate that there will be enough demand so that this proposed parking lot will be full so that they are going to have to use the other side of the street. Mr. Hamilton indicated that they are expecting a similar mix of use that will be manageable. Mr. Jim Ring, City Engineer, indicated that the Wall Mart Site does incorporate a retaining wall along their property line. They have had lengthy discussions as to how to make that work and in fact the Hogan Road extension is designed to match the grade at the parking lot level. The design and the agreement on making this work have been done. City Solicitor Norm Heitmann indicated that representatives of Wal-Mart contacted the Code Enforcement Office last week and they are planning to come back in to revise their site plan to show the connection to the Hogan Road Extension. Mr. Heitmann noted that as part of Wal-Mart’s Traffic Movement Permit, the City has an agreement with the Maine Department of Transportation to construct the Hogan Road Extension. Regardless of what happens with this project or the Wal-Mart project Hogan Road Extension will be constructed. Ms. Mitchell felt that there will be a traffic problem within this site when the additional access is provided from the Wal-Mart site. She suggested that there be a stop sign placed on the applicant’s property on the southerly access road to the property at Merrill Bank. The Board also discussed proposed conditions of approval including making the two access points on Stillwater Avenue right-in and right-out accesses and that the driveway access changes not be utilized until all of the related off-site improvements as noted in the Traffic Movement Permit for the Wal-Mart project are in place. Mr. Hamilton indicated that they would be comfortable with those conditions. Mr. Hamilton indicated that they felt that a complete closure of that access would be problematic from the bank’s perspective. Chairman Brown then asked for Staff comments. Planning Officer Gould indicated that this application is for Site Development Plan approval. Staff views this as the one original site that was dealt with in 1994. The Hogan Road Extension was contemplated back then and the idea that parking from both places would be shared has always been a concept of this plan. The applicant should be commended with providing a sidewalk to access between the two different sites. One element that has not been discussed is the stormwater on the site. Although not required to meet the new stormwater standards, they are proposing to treat all the new impervious on their site to meet the new stormwater standards. Staff’s issue relative to parking on the site is just that the application be transparent as to the 10 different uses, and the different parking requirements for those different uses. It should be very clear on the plan. There are concerns about the compliance of the original construction site as not being consistent with its approved plan. The Planning Office is adamant that the plan will meet all of the details of its original approval or it will need to meet today’s standards. In most instances everyone is happy to comply with the original plan that they got approved. Mr. Gould noted that there were minor amendments that needed to be done to the plans for them to be in compliance. Those changes have been made and submitted and calculations for the 5% green space internal to the parking lot is going to be provided. Chairman Brown asked for a motion. Mr. Theeman moved that the Board approve the Site Development Plan for construction of a 24,000 sq. ft. retail and office building located off of the new Hogan Road Extension (30 Kittredge Road) in a General Commercial and Service District and construct new curb cuts to the new Hogan Road Extension and the abutting Wal- Mart from Crossroads Plaza at 930 Stillwater Avenue in a Shopping and Personal Service District for CMI and Eremita & Valley, applicants with the conditions that: the two access points on Stillwater Avenue be made right-in and right-out; that a stop sign be placed on the applicant’s property on the southerly access road to the property at Merrill Bank; and that the driveway access changes not be utilized until all of the related off-site improvements related to the Maine Department of Transportation Traffic Movement Permit for the Wal-Mart Project are in place. Mr. Barnes seconded the motion. The Board voted seven in favor and none opposed. APPROVAL OF MINUTES Item No. 7: Planning Board Approval of Minutes. Chairman Brown indicated that the Minutes of the May 6 and May 20, 2008 Meetings were in order for approval. Both sets of Minutes were unanimously approved. There being no further items for discussion, the meeting was adjourned at 9:11 p.m.