AGENDA ITEM #6 Meeting of June 12, 2019 Planning Department Memorandum to Planning Board Subject: Minor Subdivision Request –– Macy's Maine Mall Subdivision –– 290 Maine Mall Rd –– Macy's Retail Holdings, Inc. INTRODUCTION Macy's Retail Holdings, Inc. is requesting a minor subdivision application approval to create a seven-lot subdivision located at 290 Maine Mall Road. The applicant proposes to create a seven-lot subdivision located at 290 Maine Mall Road. The applicant's proposal includes the creation of five separate parcels for the five existing structures onsite including Macy's store as the "parent tract" and the creation of two vacant lots for future improvements. The property further identified as Tax Assessor’s Map 74B, Lot 4, in the Commerical and Regional Center District (CCR). A public hearing legal notice was published in the Portland Press Herald newspaper on June 5 and 7, 2019, and public hearing notices were mailed on June 4, 2019, to the 34 South Portland owners of property within 500 feet; to the applicant, Conservation Commission, and City Council. This submission will be reviewed under Chapter 24, Subdivisions; and for compliance with Chapter 27, Article XV Commerical and Regional Center District (CCR). SUBMISSION CHRONOLOGY Planning Board deemed as a Minor Subdivision: October 10, 2018 Minor subdivision application submitted: October 12, 2018 Application complete for Planning Board Review: June 5, 2019 PROJECT DATA FOR PROPOSED MINOR SUBDIVISION Zoning: Commerical and Regional Center District (CCR) Land Area: 827,857 SF (19.005 Acres) Existing Land Use: Shopping Plaza with four leased outbuildings Proposed Land Use: Seven Lot Subdivision with two vacant parcels Parking Provided: 1,359 Spaces SUBDIVISION CLASSIFICATION The applicant had requested the Planning Board classify the proposed development as a Minor Subdivision at the October 10, 2018 meeting. Per Sec 24-3, a Major Subdivision is “any subdivision containing than four lots, or any subdivision requiring any new street extension, of the extension of municipal facilities; provide the Planning Board may reclassify a proposal as a minor subdivision if such reclassification will not be inconsistence with the purposes of the ordinance to protect the public interest; provided further that no proposed subdivision containing more than six parcels of land, six buildings, or ten dwellings may be eligible for such reclassification”. The applicant is not proposing to extend a public street or municipal facilities and is less than six lots or buildings. MINOR SUBDIVISION REVIEW 1. Zoning This submission is for permitted use and meets the space and bulk requirements of the Commerical and Regional Center District (CCR). Front, side, and rear yard setbacks are shown Minor Subdivision Request 290 Maine Mall Rd Macy's Retail Holdings, Inc page 1 on the subdivision plat. The applicant is showing a side yard setback to be less than 20-feet, per Section 27-774 minimum side yard §(b) (see Attachment #2 Applicant's Response). 2. Lots In accordance with Secs. 24-4(i), 24-38(A), and 27-1426(q), the proposed subdivision is in conformity with the Subdivision Ordinance and/or the City’s Comprehensive Plan. The applicant is proposing to create a mix-used subdivision with common access ways, travel isles, parking facilities, stormwater infrastructure, and all associated maintenance. Pursuant to Sec. 27-1426(i), the proposed redevelopment project does meet all the design and general construction requirements as established Chapter 24 Subdivisions. 3. Access, Roads, Traffic Pursuant to Section 27-1426 (g), the applicant is not proposing any new building construction or additions with the minor subdivision approval. The applicant states that the development of the two vacant parcels will subject to the City of South Portland Site Plan review by the Planning Board prior to development (see Conditions of Approval #3). The existing building and site will not be altered with the approval of the subdivision and future development will need to provide a traffic report to address the standards in Planning Board regulation number 7. Access to the out parcel will be from existing driveway access ways from the Maine Mall Road and Gorham Road, but in general Maine Mall complex has existing shared parking and travel easement extended to the Sear and the Macy’s parcel. Pursuant to Section 27-1426 (l), the applicant proposal does not include any change to the existing 1,359 parking spaces. 4. Utilities The applicant is no proposing any changes to the existing utilities serving the site and the properties. 5. Soils, Drainage, Erosion Control, Flood Prevention Existing Conditions The existing site drains to Long Creek, which is an impaired stream. The property is subject to the Participating Landowners Agreement (PLA) with the Long Creek Watershed Management District (LCWMD). When the parcels are sold by Macy’s, the new owner will be required to become a PLA and enter into a Stormwater Management Agreement at the time of a Site Plan approval by the City of South Portland Planning Board. 6. Natural Areas, Open Space, Landscaping, Lighting Is not proposing any change to the site. 7. Potential Nuisances and Noise Impacts No potential nuisances are anticipated per Section 27-1426(j). The project is not anticipated to generate noise impacts above those permitted by Chapter 30, Control of Noise from New Development. 8. Legal The applicant is Macy’s Retail Holdings, Inc. The record owner of the property at 290 Maine Mall Road is Asgrec Two, Inc. by virtue of a deed dated November 29, 2004, and recorded in the Cumberland County Registry of Deeds in Book 22242, Page 30. By a series of mergers and Minor Subdivision Request 290 Maine Mall Rd Macy's Retail Holdings, Inc page 2 name changes, Macy’s Retail Holdings, Inc. is now the legal owner of the property, per Section 27-1426 (r). The applicant has submitted documentation from the Maine Secretary of State’s Office dated October 15, 2018, demonstrating that it is a legally existing New York business corporation authorized to do business in Maine, per Section 27-1426 (s). No new construction is planned; this is a lot of division only, per Section 27-1426 (t). 9. Miscellaneous The applicant is requesting the waiver of Section 27-1536(d) due to the property owner is a PLA LCWMD, per Condition of Approval #5). Prior to the release of the signed Mylar of the subdivision, the applicant shall provide to the Planning Director the executed Reciprocal Easement Agreement (REA). Minor Subdivision Request 290 Maine Mall Rd Macy's Retail Holdings, Inc page 3 RECOMMENDATION Based on a review of information submitted by the applicant, staff recommends the following action by the Board: WAIVERS: I move to approve the waiver request of Section 27-1536(H)(1), the modify the Basic Stormwater Management Plan to waive Sections 27-1536(d) for the Long Creek Watershed District's General Permit. MINOR SUBDIVISION I move to approve the minor subdivision application, dated October 12, 2018, through; drawings dated October 12, 2018, through May 14, 2019, for Macy's Maine Mall Subdivision located at 290 Maine Mall Rd, with the following conditions: Conditions: 1. Prior to the release of the recoding mylar and pre-construction meeting with the City, the applicant shall pay all outstanding review escrow account fees and post the necessary performance guarantee(s) in such amount(s) as established by the City for the installation of the required granite monuments, executed REA for the existing buildings and property owners. 2. Planning Board Regulation #5, standard condition of approval: This approval is dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. No project, plan or development previously approved by the Planning Board may be altered or modified without securing prior approval of the Planning Board in the form of an amended approval; provided, however, that, if at any time it becomes necessary or desirable to make modifications to the project, plan or development, the Planning Director may approve modifications determined by the Planning Director to be de minimis in that they (i) do not amount to a waiver or substantial alteration of any condition or requirement set by the Planning Board; (ii) do not affect any approval standard; (iii) meet all applicable ordinances and laws; (iv) are reviewed and approved by all appropriate City staff and consultants; and (v) do not involve any change to lot lines. De minimis changes include only the modifications listed in Section 24-27 of the Subdivision Ordinance and Section 27-140 of the Zoning Ordinance. 3. Prior to the development and issuance for future building permits, the applicant shall be required the obtain a Site Plan approval for the Planning Board for Lots A and C. 4. No curb cuts of driveway access shall be created for Lots A through G. 5. All Lot shall be required to join the Long Creek Watershed Management District's General Permit and enter into a Drainage Maintenance Agreement. 6. All lots that don't meet the 20' side yard set back will be required to enter into a Reciprocal Maintenance agreement the members of the subdivision. __________________ Community Planner June 12, 2019 Attachments: 1. Staffs comments. 2. Applicant’s response letters Minor Subdivision Request 290 Maine Mall Rd Macy's Retail Holdings, Inc page 4 May 13, 2019 Mr. Doug Reyonlds, P.E. Gorrill Palmer 707 Sables Oaks Dr, Suite 30 South Portland, ME 04106 RE: Updated Staff Comments – Site Plan Review Request – Macy's Retail Holdings, Inc. – Macy's Maine Mall Subdivision – 290 Maine Mall Rd Dear Mr. Reynolds: Following are all of the staff comments that have been received to date on your request for the Site Plan Review Request application review.