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HomeMy WebLinkAbout2019-03-19 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR Meeting of March 19, 2019 Meeting Minutes Board Members Present:Ken Huhn, Chair Nelson Durgin, Vice Chair Ted Brush Ronda Hogan John Kenney Lisa Shaw Michael Bazinet, Assoc. Member City Staff Present:David Gould Sean Gambrel Tanya Emery Chair Huhn called the meeting to order at 7:00P.M. PUBLIC HEARINGS 1.Zone Change -KenduskeagPlaza West from G&ISD to DDD, City of Bangor, Applicant. C.O. 19-112 Chairman Kenneth Huhn asked the applicant or their representative to make a brief presentation of the request. Tanya Emery, Director of Community and Economic Development noted that this is change to move the existing parking along the west side of the Kenduskeag Stream into the Downtown Development District, such that it would uniform with the Downtown District and would not create a situation which would require additional buffers in between two zoning districts. Currently there is a proposal to develop a small parking lot on an abutting DDD parcel, which, under current zoning, requires a substantial landscape buffer between the two parking lots, which doesn’t seem sensible. Chair Huhn asked for proponents or opponents to the application. There were none. Planning Officer David Gould stated that initially, most or all government and nonprofit uses were placed in the G&ISD zone, but that over time, most of these have shifted to the DDD zone to take advantage of the relaxed standards offered by that zone. TheBangor Public Library, Maine 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV District Court, and City Hall are all examples of where this change was made. Some churches have made such a change to facilitate expansions as well. Member Brush questioned why this change was only proposed for one side ofthe stream, leaving the other side as G&ISD. Ms. Emery stated that the City wanted to make this change quickly, so that the proposed development could proceed, and that likely the city would be back for another rezoning for the other side of the stream in the future. Member Durgin a motion that the Planning Board recommend approval of Zone Change request for Kenduskeag Plaza West DDD to G&ISD to the City Council as contained in C.O. 19-112. Member Kenney seconded the motion. The Board voted unanimously to recommend that the City Council approve the requested zone change. 2. Text Amendment –To Amend Chapter 165, Land Development Code, to allow Campgrounds, Golf Courses, and Driving Ranges on all Major Arterial Streets in the Rural Resource and Agriculture (RR&A) Zone. City of Bangor, Applicant. C.O. 19-111. 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. There were none. Carol DeBeck, of Newburgh, spoke in favor of the proposed change. Ms. DeBeck explained that she owneda 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 she and her family. Paul Pasquine of Pine Ledge Road poke in opposition, stating that he was concerned that other roads, specifically Ohio Street, might be classified as Major Arterials 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 KenduskeagAvenue, 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 feelscould 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. OTHER BUSINESS 3.Planning Board Process Planning Officer David Gould presented the Board with his annual report of Planning Board Activity to the City Council. Mr. Gould asked Board members to review this document and suggest any edits that they may have at the next meeting, before the report is submitted. Mr. Gould also presented the Board with some guidance materials on how to phrase an effective motion and what constituted legally appropriate grounds for approval or denial of an application. Mr. Gould encouraged the Board to review those materials and reach out to the Planning Staff if they have any questions. 4.Meeting Minutes -Meeting minutes from March 5,2019 were unanimously approved. 5.Adjournment–Meeting adjourned at 7:50 P.M.