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HomeMy WebLinkAbout2019-09-09 19-363 ORDINANCETitle, Ordinance 19-363 09/09/2019 CITY COUNCIL ACTION Council Meeting Date: September 9, 2019 Item No: 19-363 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, to Allow Tenting and Camping Areas to be Located on Stillwater Avenue in the Rural Residence and Agricultural Zone. Summary Currently, tenting and camping areas, golf courses, and driving ranges are allowed in the Rural Residence and Agricultural (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 land owner who owns property zoned RR&A on Stillwater Avenue has expressed interest in developing a similar use, a recreational vehicle park, and has requested the City add Stillwater Avenue to the areas where this use 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. This ordinance, if approved, will add Stillwater Avenue to the list of streets where a tenting and camping area, golf course, and driving range could be located. This matter was discussed at the Business and Economic Development meeting on September 3, 2019. Committee Action Committee: Business and Economic Development Action Staff Comments & Approvals Meeting Date: September 3, 2019 For: Against: As this is an amendment to the Land Development Code, this should also be referred to the Planning Board meeting on October 1, 2019. City Manager City Solicitor Finance Director Introduced for: First Reading and Referral to the Planning Board. CITY COUNCIL ORDINANCE Date: September 9, 2019 Assigned to Councilor: Davitt 19-363 09/09/2019 ORDINANCE, Amending Chapter 165, Land Development Code, to Allow Tenting and Camping Areas to be Located on Stillwater Avenue in the Rural Residence and Agricultural Zone. 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 Residence and Agriculture (RR&A) zone located on Stillwater Avenue 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 the following arterial highways: Route 15 (Broadway) and Route 222 (Union Street) and Stillwater Avenue. (b) Such facilities are set back at least 50 feet from the street right-of-way line. (c) Access drives are so located and designed to provide free, unobstructed views of vehicles from the drives and from the street and adequate stopping sight distances to such drives are available on the street. Additions are underlined, deletions StF ink through. To: The Honorable City Council From: Anne M Krieg, AICP City Planner/HPC Date: October 16, 2019 Re: Amending Zoning Ordinance To allow campgrounds to be located along Stillwater Avenue in the Rural Residence and Agriculture (RR&A) Zone. CORD 19-363 Please be advised that the Planning Board at its meeting on October 15, 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. Cindy DeBeck, of Newburgh, spoke in favor of the proposed change. Ms. DeBeck explained that she owned a piece of the 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. She indicated a portion of the property is zoned commercial (Shopping & Personal Service S&PS) which allows a lot of uses and the adjoining portion of land is Rural Residence and Agriculture (RR&A.) The entrance to this particular portion of the lot is on Stillwater Avenue. Specifically, she talked about having 20 drive thru/up sites with full hook-ups. She heard the comments from opponents, but she indicated the RV Park would be a quiet space and there are many RV Parks around the country that abut birding areas and marshlands that are used as amenities. The Chair reminded the proponent and the public in attendance that this is not a contract zone but a text change affecting the entire RR&A district. Chair Huhn asked for proponents or opponents to the text amendment. Lucy Quimby, of Kenduskeag Avenue, President of the Bangor Land Trust, spoke against the amendment, stating the Land Trust Board voted to authorize her to speak on their have to the Penjajawoc Marsh, which is a nationally important bird habitat. She also reminded the Board about the 2005 Report for recommendations for development that formed the Penjajawoc Marsh/ Mall Management Commission (PMC.) She articulated the process that created the report and noted that the applicant was part of that process. She opined that the proposed change benefits the family alone and that they do have other options for development of their property. She offered to meet and negotiate with the applicant. Ms. Quimby reviewed the work of the Land Trust in protecting the marsh area, noting they had raised over $1 Million to purchase land. She reviewed the biodiversity of the marsh area and that the marsh is part of a corridor of wetlands. She also reminded the Board that even though the proposal indicates the use would be allowed by conditional permit, that the Board is not empowered to approve or disapprove a permit for environmental reasons. Member Kenney asked Ms. Quimby if she had offered to buy the land. Ms. Quimby responded she sends letters to all property owners about twice a year to discuss possible purchase; usually in concert with grant deadlines. She added that this proposal changes the long standing agreement that had been negotiated for this site. A former member of the Commission spoke against the plan, especially noting how astounded she was that the city is promoting something not consistent with the 2005 Plan. She talked about the compromise that was involved in the process of the Plan that included compromise from many sides. She opined that an RV operation would be inconsistent with the protection of the marsh and the congestion on Stillwater Avenue. She reviewed the Habitat and Animal Survey that had been done previously. Other opponents added that the proposal opens the door to more development in this district, and that this development should be negotiated for this site only. Ms. DeBeck returned to the podium to note that she was on the Marsh/Mall commission and it was set up to work with landowners and not to create hardships. She added she would like to work with the Commission. She added that other RR&A uses would be better financially and have far greater negative impacts to the marsh than an RV Park. She expressed frustration as the land has been in her family since 1898. Member Kenney reminded fellow Board members and the public that the application affects all of Stillwater Avenue in RR&A. He asked why the application was not a contract zone. 2 Ms. DeBeck responded that she was not in a position to contract with a lawyer to perform that work. She said that staff members did offer that to her as an option. She added that she will post the property she wanted to develop this as a family project. She added that she will not sell to the Land Trust after this process. Member Kenney asked Ms. Quimby why this property is significant. Ms. Quimby responded that, according to a 2001 survey, that this is the most productive marsh in the state of Maine. An RV development will be disruptive to the birds and will scare them away. The rate of bird loss in the last decade is disturbing, she said, and climate change has pushed other species into this area that also need to nest. Planning Officer David Gould reviewed the history of the PMC. The Commission was made up of a diverse group of people to sort out development issues in the area. They produced the concept of cluster housing that is in the ordinance today. He reminded the Board their action is a recommendation to the Council, and requested the Board give reasons and guidance to the Council with respect to their action. Member Meagher led a discussion to clarify arterial highways. Member Hogan reviewed resource protection zones and the history of zoning of the property with Planning Officer Gould. Member Kenney made a motion to recommend the enactment of the text change as applied. Member Shaw seconded. Member Kenney noted that he is objecting to the change because it allows a higher intensive use in the RR&A district. Vice Chair Durgin added that an evaluation of the lot more comprehensively needs to happen to determine what is best for development of that property. Member Brush added The Chair noted the use is too intense for the district area. Motion failed 3 to 4 with Members Meagher, Hogan, and Shaw in favor to recommend passage, and Members Kenney and Brush against a recommendation to pass, along with Chairman Huhn and Vice-Chairman Durgin voting against the motion. 3 To: Honorable Bangor City Council Cathy Conlow, City Manager From: Anne Krieg AICP, Planning Officer Date: March 3, 2020 CC: Tanya Emery, Director of Community and Economic Development Paul Nicklas, City Solicitor Josh Saucier, Assistant City Solicitor Penjajawoc Mall/Marsh Management Commissioners Regarding: Report from the Penjajawoc Mall/Marsh Management Commission At the City Council meeting of October 28, 2019, a motion was passed to table Item No. 19-363, an Ordinance Amending Chapter 165, Land Development Code, to allow tenting and camping areas to be located on Stillwater Avenue in the Rural Residence and Agriculture Zone to their first meeting of March 2020. The reason for this continuance was to provide opportunity for the Penjajawoc Marsh Mall Management Commission to review said Order and report back. Please accept this document as the above -noted report to the City Council. The Commission met three times, January 31, 2020, February 14, 2020 and February 28, 2020. Their goal was to forward a recommendation on the pending Ordinance Amendment. The Commission reviewed the following items/documents as part of their analysis: D Penjajawoc Overlay Map with accompanying requirements in Chapter 165 D The requirements for use and dimensional requirements for the following zoning districts: ✓ Rural Residence & Agriculture (RR&A) ✓ Resource Protection ✓ Shopping & Personal Service D 2012 Penobscot River Watershed Study Penjajawoc Mall -Marsh Managment Commission Report to Council 3.9.20 City of Bangor Planning Division Penjajawoc Mall -Marsh Management Commission Report to City Council March 9, 2020 City Council Meeting D Current/proposed Language in the Land Development Code Section 165-105.D Conditional Uses in the RR&A district. D 2005 Mall/Marsh Report D 2012 Comprehensive Plan regarding Community Facilities, Transportation, the Physical Development Plan, and the Natural Resources Plan Staff worked with the Commission to facilitate conversation to answer the question: Does adding the use of campground on Stillwater Avenue create a negative impact to the marsh overlay district? The applicant, Cindy DeBeck, was recused but allowed to represent the interests of her and her family's properties. She provided handouts related to the proposal her family intends to make to the Planning Board for a Recreation Vehicle Park. The Commission's elected Chair, Lucy Quimby, was also the subject for review for a possible bias against the project. The Commission passed a motion that she should not be recused. The Commissioner added that all members are appointed to the Commission specifically for the perspectives they bring to the Commission's work. The Commission membership is established to give differing opinions on items before the Commission to seek common ground. Discussion of the question focused upon the following: Impacts to the Marsh bird population, important because Penjajawoc Marsh is important for helping to prevent species extinction and because of this has won international recognition as an Important Bird Area. Impacts to the Marsh with the listed other conditional uses, most notably golf courses (which are included in the list in the code') 165-105.D • r • • Planning Board approval underthe provisio of . r • the following uses may be permitted in this district.- I (3) Tenting and camping areas, goff courses and driving ranges (except miniature golf courses), provided that: (a) They are located on the following arterial highways. Route 15 (Broadway) and Route 222 (Union Street). (b) Such facilities are set back at least 50 feet from the street right-of-way line. Page 2 14 City of Bangor Planning Division Penjajawoc Mall -Marsh Management Commission Report to City Council March 9, 2020 City Council Meeting + Access and traffic issues entering/exiting the site + Other zoning options • Only adding Recreation Vehicles to Stillwater venue • Using a contract zone to control the development + Existing uses adjacent to the site + Whether the proposal is in keeping with the 2005 Report + The future of retail in the mall/marsh area in terms of the market + Possible impacts from a cluster subdivision development at the subject parcel + Placing further conditions on the use After discussion the Commission passed the following motion (6-3-1; no vote from members Dudley, Sails and Quimby): [would it make sense to say that Dudley, Sails and Quimby voted no?] To recommend passage of Order 19-363 of the City Council with a further recommendation to the Planning Board that attention to the environmental criteria is given to development on the Marsh side of Stillwater Avenue. Specific Comments from the Commission include: ❖ Member Parker said the city needs to look at reasonable options to develop and protect the area. He added that there are families that have been here for generation that want to help the marsh but also need to develop their land. If they sell to a developer, we may not have the same good relationships. ❖ Chair Quimby stated she wanted to give the Planning Board more direct language in the zoning code on review of this use. She added that more information on impacts needs to be discussed and reviewed. We did not have time to make a thorough review and discuss potential negative impacts. Also, without direct language in ordinances (including zoning and code) that the Planning Board could refer to, they may not have the language and options they might need to rule in ways necessary to protect Penjajawoc Marsh. She also hoped that with more time, the Marsh/Mall Commission could arrive at recommendations that would be satisfactory to all parties. Page 3 14 City of Bangor Planning Division Penjajawoc Mall -Marsh Management Commission Report to City Council March 9, 2020 City Council Meeting ❖ Member Salls indicated she voted no because the proposal is not in keeping with the original report of the Commission. ❖ Member Woods indicated the development practice in the area has changed since the Commission's plan and the Comprehensive Plan, adding that retail is likely not going to expand in this area. He agreed with other members that there has to be a balance between protection of the marsh and economic development. 1 will be in attendance at your meeting to answer further questions the Council may have on the work of the Commission. amk Page 4 14 IN CITY COUNCIL SEPTEMBER 9,2019 COrd 19-363 FIRST READING AND REFERRAL TO PLANNING BOARD ON OCTOBER 1,2019 )9—'-� /c/ " =::=c CITY CLERK OCTOBER 28,2019 COrd 19-363 CINDY DEBECK STATED HER FAMILY OWNS 70 ACRES BETWEEN WAL MART AND HOME DEPOT AND THEY WANT TO DEVELOP AN RV PARK WITH NO TENT AREAS. LUCY QUIMBY THOUGHT THIS ITEM SHOULD BE REVIEWED BY THE PENJAJAWOC MARSH MALL MANAGEMENT COMMISSION. VALERIE CARTER THOUGHT THIS CHANGE WOULD OPEN PANDORA'S BOX. JOHN HIATT THOUGHT IT WOULD BE AN INCREASE IN TAXES AND WOULD BE A GOOD USE. ANITA KURTH FELT THE AREA NEEDED TO BE PRESERVED MOTION MADE AND SECONDED FOR PASSAGE MOTION MADE AND SECONDED TO POSTPONE TO THE 1ST MEETING IN MARCH DOUBTED VOTE: 5—3 COUNCILORS VOTING YES: GRAHAM, SHAEFER, SPRAGUE, SUPICA,TREMBLE COUNCILORS VOTING NO: DAVITT,WESTON,NICHOLS PASSED CITY CLE MARCH 9,2020 COrd 19-363 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 7—1 COUNCILORS VOTING YES: FOURNIER,HAWES, OKAFOR, SCHAEFER, SPRGUE, TREMBLE,DAVITT COUNCILORS VOTING NO: SUPICA PASSED CITV CLE