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HomeMy WebLinkAbout2004-06-14 04-173 ORDINANCE_COUNCIL ACTION Date T,,np 14 2004 Item No. 01-173 Item/Subject: AmendinLand Development Code t 750 Stillwater i Avenue Rural Residence and Agricultural District to Shopping and Personal Service District Responsible Department: Planning Division commentary: For Referral to Planning Board Meeting of June 15, 2004, 7:00 P.M. The applicant, Estate of Irene L. Averill, Lucille DeReck, Representative, ¢ requesting a zone change for a 50 acre parcel located at 750 Stillwater Avenue from Rural Residence and Agriculture District to Shopping and Personal Service District. Department Head Mans ex's Comments: AtWrm« l tkZ c4v t iinz��. YFe City Manager Associated Information Budget Approval: Finance Director Legal Approval: 72 city Sol c for Introduced For Passage 1 First Reading Page 1 of 1 1 Referral to Planning Board Meeting of June 15, 2004 Assigocd to Couoeilor Ceshwell June 16, 2006 CITY OF BANGOR QITLE.) Ordinance f Amending Land Development Code - Zone Change 750 Stillwater Avenue - Rural Residence and Agricultural District to Shopping and Personal Service District. Be B ®aimed by dm City w yma w,, m lalou t THAT the zoning boundary linea as established by the Zoning Nap of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing part of a parcel of land located at 750 Stillwater Avenue (Tax Nap No. R-61, Part of Parcel 4) from Rural Residence and Agriculture District to Shopping and Personal Service District. Said part of a parcel containing approximately 50 acres and being more particularly indicated on the map attached hereto and made a part hereof. IH CITY COUNCIL Sore 14, 2004 Motion Made and Seconded to Remove frw Referral for Discussion. Councilor Gratwick requested Council Vote on Conflick for Himself Council voted No Conflict, for Councilor GratwiCk- flrst Heading Referred to Planning Board IN CITY COUNCIL 3uaec28, 2004 Notion Made amd Seconded to Postpone to the Heat Regularly Scheduled City Conseil IM CITY COUNCIL 3ulyc12Yi:BO04 Motion Mede eat seconded for passage Members of the Public spoke in favor of and in opposition to this proposed ] ne Change Motion Made and Seceded for a ten Minute Recess Meeting Recessed Meeting Re -cowered at 10;25 P.M. Motion Made and Seconded to Amend by Substitution Nation Mande and Seconded to Pass IAs Amended by Substitution 'vote: 8 yes Councilors voting yes: Allen, Casbuell, D'Rrrico,.yarrington Gratwfck. Greeme, Palmer i Tremble Passed As Amended�by Substitution 3 l # 04-173 ORDIMAUCE (TITLE.1 Amending Lend Development Cade - o -750 ater Avenue - Hesfden eeand Agricultrved. Merrier to al Assignetlb Counclla ( n.f lA iyC)C.V -O M 508STITO7E COPY CITY OF BANGOR 444 (TITLE.)Ordinance f Amending Land Development code - zone change 750 Stillwater Avenue - Rural Residence and Agricultural District to Shopping and Personal Service District. Be it wdvrmdby Ma CiO'nJBweor. mJo((mw: THAT the zoning boundary linea as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing part of a parcel of land located at 750 Stillwater Avenue (Tax Map No. R-61, Part of Parcel 4) from Rural Residence and Agriculture District to Shopping and Personal Service District. Said part of a parcel containing approximately 50 acres and being more particularly indicated on the map attached hereto and made a part hereof, except that the northerly and westerly zone boundary shall be established at the greater of the boundary as shown or 525 feet from the existing Resource Protection line. P 554 / A" lip ® ' RR&A ® TO S&PS 06-ll3 <v. P �.: RR&A RR&A F It I Ix r .nQ R S&PS P 554 / A" lip ® ' RR&A ® TO S&PS 06-1]3 7/1/03 APPLICATION FOR LAND DEVELOPMENI CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE , TM PLANNING BOARD OF BANGOR, MAINE: NO. 1. I (WEIF }a+ !• L L A l�� II �%$ •I.' �REERESEN JE / 2. of yl$Ne H,'R Nadliw'sb M.. Oy44y Dae-sssn Address Ciiy or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor; Maine by reclassifying from gBRICULR RFL district to the COMCjoj — S $PS district for the - property outlined in red on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) Total Area (acres or square feet) .W9 AARES 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street WEsTP q 9�DE OF S♦,Iluwfrr+- AVEfJJB-WERR INIER6 noN Worm K111YrCAOd RLr TORTtom OF S. LEGAL DESCRIPTION OF PROPERTY /�Asaee90rs Map No.p Parcel g_ 6. 'EXISTING USE: A&RICULTURAL 7. PROPOSED USE: IN NdC RD L0,131 r m REHF c JE P RN, RT RE L RCgL LEVEIOVEMENT 8. t NAME AND ADDRESS OF OWNER OF RECORD: Name F 0 H RD. I AJsl.11 41B- NORTH RD. Address Na.. bu H hln Cd OyyyY 410 A. BecF 9. NAME AND ADDRESS OF CONTRACT OWNER (i/�£j(//e;//u'ch):�B�g R��O�.Lg NC OVyyy 10. SIGNATURE OF OWNER OR CONTRACT OWNERI �y4TTT-t�NITT JE 11. REPRESENTADIVE OF APPLICANT: Name `l��_yIle �A IVDPPIC (if applicable). q18 NORTH BC Address N1 2� o nln d 04449 - 12. ATTACH ANY CONDITIONS PROPOSED, FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE TO PLANNING DIVISION, CITY. EP.LL, BANGOR, ME. Application fee - Processing Advertising Total Zone Change (1/2 acre or less) $444.00 $297.00* $741.00 Zone Change (in excess of 1/2 acre) $710.00 $297.00* $1,007.00 Contract Zone Change $1,063.00 ,$371.00*1 434. 0g0q *Two Ads Required �� V D 04-113 't.r.C�/`iov 7/12/04 04-175 To: Barger City Council Members From: Valerie 1. Carter, BACOB Be Consideration ofthe Planning Board's remmmeMation on retuning of the Averill parcel Altlaugh there are many goodthings happening in the city of Bangor, with many people working very bard w improve ourcommunity. there are some serious problems with oro processes oflaod use planning which have negatively impacted on this masoning question. These Problems ofprocem and the related issue ofgetting accurate wall complete information W decision makers, whether it be the Planning Board or the City Council, can be seen in the Planning Board's recent vote to recommend the ramming of the Averill Parcel, on 6/14/04. The Bangor Planning Board's 6/14/04 decision process on the retuning of the Averill parcel was flawed and problematic, for the following reasons: 1. The Planning Board members were given inaccurate and misleading information, such as the she ofthe resource protection area and resulting "buffs" distances from the washouts. According to the information presented to the Board, the resource protection area is 250 feet from the wetland edge or stream, when in fact it is only 75 feet. 2. The Planning Board did tet take the time to consider the existing scientific record on the Penjajavoc Marsh from the earlier Widewaters case; critical information which was then available in the city Plmming Department. a) Mr. Fred Costlow, a former Planning Board member who had been on the board during the Widewazers hearings, testified at the Planning Board meeting that this information was essential for members W consider before making thew decision. He also requested that this information be entered into the record as evidence for this Planning board recommendation. b) Planning Board member Rosenblatt specifically requested that the decision be postponed until he had time to carefully review this record of evidence. Elis request to review this critical information was denied. In other words, the Planning Board could have taken this extensive body oftestimmty and scientific information into account before making the decision, but it chose not to dm so, by a 3:2 vote. 3. The Board's vote to remmmnd the rezoning was else a very close decision, 3:2. This was not a sweeping mandate for recommendation. Finally, there are larger problems of community inclusion and of public community involvement in decisions around Iwai use which offer: the mtire communityl will not fours on this third problem today, except to mention that at a recent Planning Board meeting involving the site application for the Parked¢ project, the Board announced thea public input would not be heard or accepted unless R dealt directly with the taro nmrowly defined conditional use issues. l crate to reality m this baring but wen not allowed m address the larger issues raised by the site application. This is unaoMmItie if the city weeks to have true and meaningful public involvement in, and commitment from Bangor residents, to our community. CONCLUSION'. The Planning Board made its initial recommendation on the Averill rezoning on the basis of flawed process, with incomplete and inaccurate information, and refused to let one of its members review critical evidence intbe record_ This is o example ofs major failure in the city's ability to engage in fair, thoughtful, considered, and informed planning and policy regarding lad use. Fearsomely, it is not too late to address these problems, however. The City Council now has fie ability to reconsider this flawed recommendation in the light of these errors in process, decision making, and inaccurate, incomplete information. I lope that Council members will agree with the wisdom of asking the Board to revisit their recommendation in the consent of the full body of scientific information and testimony. The council should take this opportunity to mounted this particular derision back to the Planning Barad, allow the board to fix the mistakes in their process, and allow them to review the relevant information before addressing the rezoning decision again. In the meantime, I would encourage the landowner and other parries involved to work mut a contract rezoning agreement for this parcel, which would offer greater protections to the mash then the proposed rezoning, which offers no protectiams whadsoever beyond the small o rrem resource promotion mea. If there was ever a situation where a comma swung process should be used, this parcel, which goon deep into the heart of the marsh, is one of them. BACOBO hopes be have the opportunity to work with the City of Bangor, the landowners, and all of the stakeholders in me planning process to ante a plan that takes into account all of the important values in this particular area Throe is only one Pojajawoe adsorb, one of the most significant, unique and beautiful wildlife areas in Bangor. If we make the wrong decisions now, hastily, and without appropriate information or process, the community ofBnngor will be poorer; and the loss or degradation of this treasured natural resource, sacrificed to the short term goals of dollar signs and shopping opportunities, will be tragic and irreversible.