HomeMy WebLinkAbout2008-08-05 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF AUGUST 5, 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
Bud Knickerbocker
Lynn Johnson
News Media Present: Bangor Daily News
Chairman Brown called the meeting to order at 7:00 p.m.
CONSENT AGENDA
As no one wished to remove the item for discussion, Chairman Brown asked for a
motion. Mr. Theeman moved to approve the Consent Agenda. The motion was seconded by
Mr. Rosenblatt and it passed by a vote of seven in favor and none opposed. The item
approved is as follows:
Item No. 1: Site Development Plan and Site Location of Development
Modification approvals to add 18,000 sq. ft. of pavement
for access, loading and parking at Building #269 located on
Florida Avenue in an Urban Industry District. City of Bangor,
applicant.
PUBLIC HEARINGS
Item No. 2: Conditional Use and Site Development Plan approvals for
construction of a 23,100 sq. ft. retail store, and a 2,530 sq. ft.
drive-thru bank building located at 878 Stillwater Avenue in a
Shopping and Personal Service District. W/S Kittredge Road,
LLC, applicant.
2
Chairman Brown opened the Public Hearing and asked for a presentation by the
applicant or their representative. Ms. Jodi O’Neal with the Sewall Company representing the
applicant, W/S Kittredge Road LLC, explained that this site was previously permitted on June
5, 2007 for a bank with a drive-thru, a restaurant and a dry goods store. The total building
square footage was 22,407 sq. ft. The applicant is now proposing to revise the site plan by
eliminating the proposed restaurant repositioning the dry goods store and increasing its size
to 23,100 sq. ft. Ms. O’Neal explained that while they have increased the square footage of
the dry goods store they have decreased the amount of impervious and have moved the
stormwater management system down towards Stillwater Avenue. Ms. O’Neal discussed the
stormwater management system indicating that because this project is located within the
Penjajawoc watershed they needed to deal with quantity, quality, and temperature controls.
She explained that all of the stormwater will go to a soil filter and overflows will go into the
detention pond and will be treated for quantity. Everything that is left in the soil filter will
trickle down and be treated for quality. Ms. O’Neal indicated that they have a stormwater
permit from DEP. Ms. O’Neal indicated that they are asking for approval of this revised site
plan and they are also asking that the condition be removed from the previous approval
requiring that the Hogan Road Extension be completed before they can get occupancy
permits.
Mr. Rosenblatt asked why they decided to have a detention pond. Ms. O’Neal indicated
that originally the system was located under the building so with the new building it needed
to be moved. She said that she would rather have a soils detention pond because it is
easier to maintain. In a detention pond the outlet is going to be at the bottom. A retention
pond is like a wet pond where the water will sit and settle and all the pollutants are going to
remain. The only time you get water out is when you have a storm event and it goes above
that water level.
Mr. Clark asked what kind of dry goods they proposed to sell. Mr. Jeff Curley with
W/S Development explained that at present they don’t have tenants signed up or leased out
for this space. They are looking at 4 to 6 tenant spaces within the building. Retail is a
definition under the Bangor Land Development Code. Mr. Curley indicated that they do have
a bank tenant and wish to have the condition removed from approval so that the bank can
open to the public.
Mr. Mike Waugh a traffic engineer with the Sewall Company discussed traffic. Mr.
Waugh indicated that they have analyzed, modeled and taken traffic counts and have done
extensive studies of the Stillwater corridor over the last two years. Their contention has
always been that the Hogan Road Extension is not necessary for the Wal-Mart store to work.
All traffic analysis done has indicated that the entrance to the Wal-Mart on Stillwater Avenue
can reasonably handle all of the Wal-Mart traffic.
Mr. Rosenblatt indicated that when this was before the Board in June, 2007, he had
two concerns which he continues to have. The first is that the configuration of the driveway
onto the Wal-Mart access drive is such that traffic entering that driveway needs to cross two
lanes of traffic to exit the Wal-Mart site. If the traffic backs up to the point where that
entrance is blocked that will then affect traffic entering the Wal-Mart site and potentially
3
affect Stillwater Avenue itself. His second concern is that the only site plan that the Board
has approved for the Wal-Mart project has all the traffic going through that access drive. In
June of 2007 when they had the Public Hearing on this Mr. Waugh told the Board that his
traffic analysis was based on portioning half of the traffic to the Hogan Road Extension and
at that time there was an MDOT permit to Wal-Mart that anticipated other off-site mitigation
including some to be performed by third parties such as the City including, specifically, the
Hogan Road Extension. There was also a letter from MDOT making clear that the Hogan
Road Extension and other off-site mitigation to be performed by others was not a condition
of Wal-Mart opening. Mr. Rosenblatt said that there was then and remains now a scenario in
which Wal-Mart will open and all the traffic from Wal-Mart will be using this access drive.
Mr. Damon expressed his concern about creating more traffic than can be physically
handled given the current condition of Stillwater Avenue. Mr. Theeman agreed.
Mr. Waugh indicated that it is a condition of W/S Kittredge Road’s MDOT permit that
all of the Wal-Mart improvements be completed before they open. Mr. Waugh indicated that
Stillwater Avenue is being widened from Hogan Road to the Circuit City Drive to a full five
lanes. They expect to have that five lane section open by the Christmas season this year
which will make a substantial difference out there.
Chairman Brown then asked for comments from the public. First she asked for those
in favor to speak. There being none, she asked for comments from opponents. No one
spoke in opposition. Chairman Brown then asked for comments from the Planning Staff.
Planning Officer Gould indicated that this project is very similar to one the Board dealt
with in June of 2007. Originally, there was a proposal to have a restaurant and a smaller
retail store. The applicant has since reconfigured that part of the project but the drive-up
bank is essentially the same as it was in the original application. The project was approved
with conditions at that time. The applicant now wishes to have the condition removed
requiring that the construction of the Hogan Road Extension be completed prior to the
opening of the drive-thru bank. Because this is an amendment to the conditional use
approval it triggers the need for conditional use approval. In June 2007 when this
application came before the Board some members had concerns even with the condition as
to the Hogan Road Extension. It was a split vote at that time (3-2). Mr. Gould indicated that
along with conditional use request, the applicant is requesting approval of a minor change to
the site plan. Mr. Gould noted that if the applicant didn’t request to change the conditions of
approval the Board would not be reviewing the conditional use but only the Site Plan
modification. In looking at this it may be a problem that resolves itself. The road may be
built long before they are ready to open. Mr. Gould indicated that the Board needs to be
comfortable relative to traffic.
Mr. Rosenblatt indicated that at the Wal-Mart hearing in 2006 there were competing
presentations by competing traffic engineers regarding the impact upon Stillwater Avenue
and that intersection on Stillwater Avenue should all the traffic flow through this access drive.
He ended up concluding that he was not persuaded by the Wal-Mart application and it would
not satisfy the traffic criteria if all the traffic for Wal-Mart was coming out of the access drive
4
on Stillwater Avenue. He asked for an update on the status of all of the off-site
improvements.
Mr. Jim Ring, City Engineer, indicated that a lot of the work has started on the off-site
traffic improvements. He said that it is anticipated that the widening of Stillwater Avenue
would be done in the fall. Mr. Ring indicated that work on the Hogan Road Extension is
going out to bid and their anticipated schedule is for construction this fall. The City of
Bangor entered into an agreement with MDOT (approved by Council Order) whereby the City
agreed to undertake a number of off-site improvements in conjunction with the permitting
cycle for the Wal-Mart project. The City took a longer view than just that one project as did
MDOT. There was a great deal of discussion with MDOT about the Wal-Mart project and the
subsequent projects which lead to the agreement by the City of Bangor. The City has every
intention of abiding by the agreement with MDOT.
Mr. Rosenblatt asked if the improvements are on schedule. Mr. Ring indicated that
the timeline for the improvements that the City agreed to undertake were basically Hogan
Road Extension to be completed by May 15, 2008 or by the time Wal-Mart opens whichever
is later. The City will be in compliance with that by next spring when Wal-Mart is proposing
to open. The schedule for the other improvements is for them to done prior to holiday
shopping season after Wal-Mart opens. This is going to be modified so that the intent would
be that those other improvements (widening on Springer Drive, turning lanes on Hogan
Road, etc.) are to be done by October 15, 2009 which is after the opening but before the
holiday shopping season.
Chairman Brown noted that the Marsh Mall Commission indicated that they would like
to see a better trash management plan on site. Mr. Gould added that it is Commission’s
concern to prevent litter from finding its way to the Marsh. They are trying to get all of the
property owners to be aware of this. Ms. O’Neal indicated that they propose a couple of
catch points and will have people who will be policing the stormwater system which will
control litter.
Chairman Brown asked for a motion. Mr. Rosenblatt moved that the Board grant
Conditional Use approval for the proposed development at 878 Stillwater Avenue, W/S
Kittredge Road, LLC, applicant, on the same two conditions that the Board attached in June
of 2007 provided, however, that the proposed bank can open without the construction of the
Hogan Road Extension. Mr. Barnes seconded the motion.
Planning Officer Gould noted that the language in the Staff Memorandum was
intended to repeat the standard of last year which means that they would not open to the
public until all off-site improvements are in place as mentioned in the MDOT permit. Mr.
Rosenblatt amended the motion to include those same two conditions provided, however,
that the proposed bank can open before the completion of the Hogan Road Extension.
Mr. Rosenblatt indicated that he was not in favor of the motion with respect to the
Wal-Mart project as he concluded that this particular site does not meet the standards if all
the traffic using the Wal-Mart store comes through this access drive. He indicated that he
continues to have concerns about the location of that driveway with the potential for traffic
5
backing up and people being unable to turn left into the intersection. He did not feel that
the Board should approve anything that is going to add more traffic to this access drive until
the Wal-Mart project is built and until the Hogan Road Extension is built. Then they can deal
with reality and not with models some of which have not served them well in the past. Ms.
Mitchell agreed with Mr. Rosenblatt’s concerns and indicated that she planned to vote against
the motion.
Chairman Brown asked for a vote. The Board voted one in favor and six against. The
motion failed. Mr. Rosenblatt then moved that the Board grant Conditional Use approval to
the proposed development at 878 Stillwater Avenue W/S Kittredge Road, LLC, applicant, on
the same two conditions that the Board attached to their June 2007 approval. Mr. Barnes
seconded the motion. Mr. Gould read the two previously approved conditions: that no
occupancy permit be issued until the City builds the Hogan Road Extension and is open to the
Wal-Mart site and that all off-site improvements identified by the Maine Department of
Transportation Traffic Movement Permit for this project are built.
Mr. Jeff Curley of W/S Kittredge Road indicated that this particular development
despite being somewhat larger in terms of overall square footage generates fewer trips
because of the use change. Their conclusion is that traffic would behave the same way and
in fact be a little better than what was approved last year. Mr. Waugh indicated that they did
the trip generation by using the ITE land use for a Specialty Retail which is based upon so
many trips per thousand square feet of floor area. As store area increases typically trips
decrease. When there are a number of stores put together you have what is referred to as
internally captured trips. So instead of having 20 going to one store and 20 going to
another, 20% of those trips may go to both of those stores without ever moving their
vehicles.
Ms. Mitchell indicated that she was not comfortable approving this because she was
disappointed with the traffic modeling that has been presented with unforeseen reality of
what it is going to be like once the improvements are in place.
The Board then voted five in favor and two opposed to the motion. Mr. Rosenblatt
moved that the Board grant Site Development Plan approval for the proposed project at 878
Stillwater Avenue W/S Kittredge LLC, applicant on those same two conditions. Mr. Theeman
seconded the motion. Mr. Rosenblatt was concerned that the Site Development Plan did not
meet the standards for driveway configuration and indicated that he proposed to vote against
the motion. Mr. Clark asked the applicant if they would consider proper signage to direct
people to make the appropriate turns in a safe and proper way. The Board voted five in
favor and two opposed.
Item No. 3: Amending the Land Development Code, Chapter 165, Section
165-13 – Definition of Open Space Parcel and Chapter 165,
Section 165-70.2 – Open Space Parcel (review provisions). City
of Bangor, applicant. C.O. #08-250.
Chairman Brown opened the Public Hearing. Planning Officer Dave Gould explained
that this proposed amendment creates a new term to be defined in the Land Development
6
Code called “Open Space Parcel.” The intent is to clarify that land which would serve as
open space in a subdivision, or not in a subdivision, doesn’t have to comply with the other
basic lot development standards as would a lot that would support a commercial
development or a single-family house relative to road frontage, lot width, minimum lot area,
etc. In general, through the subdivision process, an open space parcel has not been held to
meet those requirements. There had been some question on some recent projects where
there wasn’t specific road frontage or a certain area as to whether those were sufficient or
not. This amendment is proposed to clarify that detail.
Mr. Rosenblatt noted that in prior discussions he thought that the conclusion was to
change Chapter 165-13 so that it was not limited to lots or parcels identified on an approved
subdivision and this is not within this amendment. After review, Mr. Gould indicated that this
was an older version that did not get amended. A replacement definition will need to be
submitted at a future meeting.
Ms Lucy Quimby who resides at 1230 Kenduskeag Avenue and is a Member of Bangor
Land Trust and the Marsh Mall Commission thanked the Board for all the time, thought and
consideration given to this ordinance and the one to be considered under the next item. She
felt that it sets up a “win-win” situation for both landowners, conservation interests, and the
City as a whole.
No one spoke in opposition to this amendment. Chairman Brown closed the Public
Hearing and asked for a motion. Mr. Rosenblatt moved that the Board recommend to the
City Council approval of the zoning amendment to Section 165-13 and Section 165-70.2 as
set forth in C.O. # 08-250. Mr. Theeman seconded the motion. Mr. Theeman indicated that
he planned to abstain from voting on this item as he was not involved in any of the
discussions. The motion carried by a vote of six in favor, none opposed and one abstention.
Item No. 4: Amending the Land Development Code, Chapter 165, Section
165-108.2 – Open Space Reservations (open space banking) –
City of Bangor, applicant. C.O. # 08-251.
Chairman Brown opened the Public Hearing. Planning Officer Gould indicated that the
open space banking provision is a means by which a landowner, whether a developer or not,
can set aside open space today and then some time in the future propose a subdivision and
be able to get credit for that previously set aside open space to meet open space obligations
within the development. For example, a subdivider might propose to subdivide 20 acres of a
100 acre parcel and decide to be generous and give more than the minimum 5% or 30%
required. Under today’s standards if the subdivider decides in the future to do another
subdivision he wouldn’t get credit for being generous the first time around. This amendment
would allow the subdivider to get credit in the future for his present set aside for open space.
This is limited to that area of the City that is in the Marsh Mall Overlay. The Marsh Mall
Commission had a real interest in promoting this concept in hopes that people will see this as
a real advantage to bank open space today for potential development in the future.
Mr. Damon asked if a landowner banks some land, but in the future does not develop
any further parcels, if he could withdraw his banked open space. Mr. Gould explained that it
7
is a perpetual easement that would run with the land and he could not withdraw his banked
open space. Mr. Damon asked if there is a tax benefit. Mr. Gould indicated that land is
taxed on what its market value is. If you can’t build on it, it certainly may change the market
value.
Chairman Brown asked for comments from the public. No one spoke either in favor of
or in opposition to the zoning amendment. Chairman Brown closed the Public Hearing and
asked for a motion. Mr. Rosenblatt moved that the Board recommend to the City Council
approval of the proposed new section 165-108.2 set forth in Council Ordinance 08-251. Ms.
Mitchell seconded the motion. Mr. Theeman indicated that he wished to abstain from
voting on this issue as he had not been present when the items were up for discussion. The
motion carried by a vote of six in favor, and one abstention.
NEW BUSINESS
Chairman Brown discussed the fact that the Board has been asked to review
applications that have not always had all of the pertinent information that the Board might
want to review before a meeting. Also the Board has been approving plans subject to
conditions that should possibly have been reviewed prior to submission. Some Board
Members have expressed concern with the practice. As the Chairman, she discussed this
issue with Staff as to how to best handle this situation. It is the intent of the Board to help
the applicant get through the application process but the Board needs to be able to review
and have timely access to this information. One of the ways that the Board could deal with
the lack of information is not to place the applicant on the agenda which seems severe.
Another suggestion was to continue them to the Board’s next meeting.
Mr. Gould indicated that this is up to the Board to deal with it as they wish. The
thought is that it is not fair to the Planning Staff, the Engineering Staff, the Board or the
public to have revised plans come to the City on Friday, Monday or Tuesday before the
meeting as this is an open public process. Mr. Gould indicated that it is the Staff’s position
that these applications should be continued otherwise risk the potential of being denied.
Staff suggested that this be discussed with the applicant and it is in their best interest to say
that they concur and are in favor of being continued. Chairman Brown recommended that
the Board ask the applicant to come back at the next meeting. It was the consensus of the
Board that these items be continued.
Item No. 5: Site Development Plan approval to construct a 5,840 sq. ft.
addition for office use located at 678 Main Street in an Urban
Industry District. Bangor Hydro Electric Company, applicant.
Mr. Fred Marshall of Plymouth Engineering, representing the applicant, indicated that
they concurred with the Staff’s recommendation that this item be continued. They are
hopeful to resolve the issue with the sewer by the next meeting. Mr. Theeman moved that
the Board continued this item. The motion was seconded and carried unanimously.
8
Item No. 7: Site Development Plan approval to construct a 10,160 sq. ft.
building for commercial use located at 252 Odlin Road in a
General Commercial and Service District. Stillwater Realty, LLC,
applicant.
The Board Members indicated that they wished to discuss this item out of order. Mr.
Fred Marshall of Plymouth Engineering, representing the applicant, indicated that the
applicant concurred with the Staff’s recommendation that this item be continued.
Mr. Theeman moved to continue this item to the Board’s next meeting. Mr. Clark
seconded the motion which carried unanimously.
Item No. 6: Site Development Plan approval to construct an 8,878 sq. ft.
building for use as a fire station located on Griffin Road in a
Rural Residence and Agricultural District. City of Bangor,
applicant.
Ms. Shelly Lizotte, with Ames A/E, represented the applicant, City of Bangor Fire
Department, for their application for construction of a new fire station on the Griffin Road.
This new station will replace Station 6 that currently is located at the corner of Kenduskeag
Avenue and Griffin Road. The project is a permitted use in the Rural Residence and
Agricultural District and is located on a portion of the City owned (41 acre) parcel. This
parcel is approximately 800 feet east from Kenduskeag Avenue. The proposed building is an
8,878 sq. ft., single-story structure that provides sleeping quarters for six employees and
provides room for six emergency vehicles. 16 parking spaces are proposed, one of which is
proposed to be handicap accessible. The site is to be accessed by two drives one 24 feet
wide for employees and visitors, and one 55 foot wide entrance and exit for the emergency
vehicles. This project does not require any permits from MDOT or MDEP because of its size.
It does disturb a little over an acre of area and has 6/10 of an acre of impervious surface.
While this does not fall under the Stormwater Law, they have incorporated stormwater
treatment into project. They propose a stone drip edge around the side that is a filter for
the rain runoff from the roof and there will two rain gardens in the front of the site that will
be planted that will filter the runoff that comes from the parking areas. They did some
comparisons of the existing and proposed stormwater and there are minor increases. Traffic
generation is minimal. The site is served by public water and the sewer will need to be
extended from a main from the Kenduskeag Avenue/Griffin Road intersection and is currently
being designed by the City Engineering Department.
Mr. Damon asked if the building will be green. Ellen Angel and architect with Ames
A/E indicated that the building will be a green building. The green roof will be a reflective
roof and they are proposing some day lighting features throughout the building so that it
won’t be necessary to have lights on during the daylight hours. The heating system is
proposed to be low impact. The project meets the City’s LEED (USGBA) initiative.
9
Mr. Rosenblatt asked what the life expectancy will be. Ms. Angel indicated that
because of the masonry design it should have a much longer lifespan than the current
Station 6 site.
Mr. Jeff Cammack, Fire Chief of the City of Bangor indicated that they have outgrown
the existing site that they have used for 21 years. The new building will allow them to do
some energy conservation. They propose to heat the building with natural gas. He noted
that they stayed as far away from impacting the larger parcel as they could and stayed down
in the corner to limit impact from any future development that may be proposed for this site.
Mr. Cammack noted that the wetlands around the existing building prohibited them from
expanding at the current site.
Mr. Barnes felt that this was a great presentation and this station is needed by the
City.
Chairman Brown asked for a motion. Mr. Theeman moved that the Board grant Site
Development Plan approval of the site on Griffin Road to the City of Bangor to construct a
municipal fire station and associated parking in a Rural Residence and Agricultural District.
Mr. Barnes seconded the motion. The motion carried unanimously.
APPROVAL OF MINUTES
Item No 8: Planning Board Approval of Minutes.
th
Chairman Brown indicated that the Minutes of the July 8 and 15 meetings were in
thth
order for approval. Ms. Mitchell moved to approve the Minutes of the July 8 and 15
meetings. Mr. Clark seconded the motion which passed unanimously.
There being no further items for discussion, the meeting was adjourned at 9:01 p.m.