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Home My WebLink About2019-03-11 19-111 ORDINANCETitle, Ordinance 19-111 03/11/2019 CITY COUNCIL ACTION Council Meeting Date: March 11, 2019 Item No: 19-111 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, to Allow Tenting and Camping Areas, Golf Courses, and Driving Ranges to be Located on Major Arterial Streets. Summary This Ordinance will amend the Land Development Code to allow camping areas, golf courses, and driving ranges on major arterial streets. Currently, tenting and camping areas, golf courses, and driving ranges are allowed in the Rural Resource and Agriculture (RR&A) zoning district, with conditional use approval from the Planning Board. The land use ordinance currently limits the location of these uses to Broadway and Union Street. A resident who owns property zoned RR&A on Stillwater Avenue has expressed interest in developing such a facility and has requested the City consider expanding the areas where these uses may be located. Often, in cases where impacts from a use would be reduced by locating on a specific type of roadway, the ordinance requires location on a Major Arterial Street. The Code identifies Broadway, Hammond Street, Hogan Road, Main Street, Odlin Road, State Street, Stillwater Avenue and Union Street as Major Arterial Streets. Staff has reviewed the areas in question, and all areas zoned RR&A located on a Major Arterial Street appear appropriate for the siting of such a use. Committee Action Committee: Business and Economic Development Action: Approved Staff Comments & Approvals Meeting Date: March 5, 2019 For: 4 Against: 0 As this is an amendment to the Land Development Code, this should also be referred to the Planning Board meeting on March 19, 2019. City Manager City Solicitor Finance Director Introduced for: First Reading and Referral CITY COUNCIL ORDINANCE Date: March 11, 2019 Assigned to Councilor: Davitt 19-111 03/11/2019 ORDINANCE, Amending Chapter 165, Land Development Code, to Allow Tenting and Camping Areas, Golf Courses, and Driving Ranges to be Located on Major Arterial Streets. WHEREAS, tenting and camping areas, golf courses, and driving ranges are a conditional use in the Rural Resource and Agriculture (RR&A) zoning district; and WHEREAS, the location of these uses is currently limited to Broadway and Union Street; and WHEREAS, the Code defines Major Arterial Streets as Broadway, Hammond Street, Hogan Road, Main Street, Odlin Road, State Street, Stillwater Avenue and Union Street; and WHEREAS, areas in the Rural Resource and Agriculture (RR&A) zone located on these Major Arterial Streets are suitable for tenting and camping areas, golf courses, and driving ranges; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor is amended as follows: §165-105 Rural Residence & Agriculture District (RR&A) D. Conditional uses. Subject to Planning Board approval under the provisions of §165-9, the following uses may be permitted in this district: (3) Tenting and camping areas, golf courses and driving ranges (except miniature golf courses), provided that: (a) They are located on (Un+en StFeet} a Major Arterial Street. Additions are underlined, deletions stFu eugh. NIVAIMI ::�� MIDI Memo To: The Honorable City Council From: David Gould, Planning Officer Date: March 20, 2018 Re: Amending Zoning Ordinance To allow campgrounds to be located along all Major Arterials in the Rural Residence and Agriculture (RR&A) Zone. C.O. 19-111 Please be advised that the Planning Board at its meeting on March 19, 2019 held a Public Hearing on the above zone change request. Chairman Kenneth Huhn asked the applicant or their representative to make a brief presentation of the request. Tanya Emery, Director of Community & Economic Development for the City of Bangor, presented the application. Ms. Emery stated that the City had been approached by a property owner about making this change, which would allow a campground on their property. Ms. Emery noted that this change would have broader impact than just this one single property, but that it seemed fair that campgrounds be allowed in an RR&A zone along any major arterial, not just the two currently specified in the code. Ms. Emery went on to explain that campgrounds were a Conditional Use and therefore the Board would have a chance to closely review any proposed campground. Chair Huhn asked for proponents or opponents to the text amendment. Cindy DeBeck, of Newburgh, spoke in favor of the proposed change. Ms. DeBeck explained that she owned a property that would be impacted by this and that she was in favor of this change. She is interested in developing a campground on her property and this would be very helpful for her and her family. Paul Pasquine of Pine Ledge Road spoke in opposition, stating that he was concerned that other roads, specifically Ohio Street, might be classified as a Major Arterial at a later time and that he felt that a campground on Ohio Street would be detrimental to his property. Vaughn Smith, also of Pine Ledge Road, noted that he has seen a significant change in traffic on Ohio Street over the past decades and is also concerned that a campground may eventually be allowed on Ohio Street, if it were reclassified to a Major Arterial. Lucy Quimby, of Kenduskeag Avenue, president of the Bangor Land Trust spoke against the amendment, noting the many impacts a campground on Ms. DeBeck's property could have to the Penjajawoc Marsh, which is nationally important bird habitat. Ms. Quimby noted that impacts from the campground may include increased traffic along the nearby Veazie Railroad Bed, the presence of ATVs in the marsh, increased noise, fireworks use, water quality degradation, and other impacts related to a campground that would be detrimental to birds. Member Kenney asked where specifically this change would allow campgrounds. Planning Officer David Gould explained that only three Major Arterials were located in an RR&A zone — Broadway, Union Street and Stillwater Ave. Campgrounds are already specifically allowed on Broadway and Union Street, so in effect this change only adds Stillwater Avenue. On Stillwater, there is a larger area outside of Longview Drive, and a small area closer to the mall, in the vicinity of Home Depot. This is where Ms. DeBeck's property is located — however this change affects a broader area of the City. Mr. Gould further noted that this change does not automatically approve a campground in the area — any property owner wishing to develop such a use would need to come before the Board for Conditional Use approval. Greg Edwards, of Pearl Street, and also from the Bangor Land Trust, noted that his family owns a campground in another part of the state and that he is familiar with impacts related to campgrounds, which he feels could negatively impact the habitat quality of the Penjajawoc Marsh. Mr. Edwards noted noise (particularly at night), smoke, ATVs, fireworks, loose animals, and septic field failures as potential impacts. James Whittier, of Holden, who also has an interest in Ms. DeBeck's property spoke in favor of the amendment, noting that the majority of campers are quiet and respectful, and that campgrounds are allowed in state and national parks with limited impacts to those important areas. Mr. Whittier further noted that the Veazie Railroad Bed is posted "No Trespassing". Ms. Emery spoke again, explaining that the RR&A zone was meant to allow some commercial uses and was not intended to protect sensitive areas, and that the City has other zones, like Resource Protection, to protect those areas. In addition, Conditional Use approval will be required to construct a campground, so the Board will have a chance to consider impacts at that time. Member Kenney made a motion that the Planning Board recommend the City Council adopt the ordinance change regarding campgrounds on major arterials contained in Council Order 19-111. Member Durgin seconded the motion. The Board voted four in favor, three opposed to recommend the ordinance change be adopted by the City Council. Chair Huhn asked those voting in opposition to state their reasoning. Member Durgin stated that there was a direct connection between this text change and the possibility of a campground adjacent to the Penjajawoc Marsh. Member Brush stated that he felt that the proposed change would be detrimental to the RR&A area on Stillwater Avenue. Member Kenney stated that these regulations were unusual that they only specified two streets, and that he suspected that this was done for specific reasons. He did not feel that the applicant had made a compelling argument to enact the change. 2 IN CITY COUNCIL MARCH 11, 2019 COR 19-111 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF MARCH 19, 2019 � L-1 a CITY CLERK rr_ IN CITY COUNCIL MARCH 25, 2019 COt 19-111 David Lamon felt this was a huge change if it was changing the use of the property. Lucy Quimby spoke in opposition of the change. Cindy DeBeck, landowner, stated the intent was to put in an RV park, no tents er motorized recreational vehicles. Carrie DeBeck felt the RV park would be a good blend with the environment and would have less impact than retail stores. Hope Brogunier wanted to preserve the marsh area. MOTION MADE AND SECONDED FOR PASSAGE VOTE: 2 - 7 COUNCILORS VOTING YES: NEALLEY, WESTON COUNCILORS VOTING NO: DAVITT, GRAHAM, SCHAEFER, SPRAGUE, SUPICA, TREMBLE, NICHOLS FAILED 75.4y,„ 1/4=,) CITY CLERK /