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.