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HomeMy WebLinkAbout2001-04-23 01-189 RESOLVEbate: 4-23-01 Item/Subject Resolve, Reaffirming the ComprehensNe plan of the City of Bangor in the Stillwater Avenue and Gilman Road Area and Outlining Steps M Implement ThK Man Responsible Department City Council Commentary: At the State Issues Meeting of April 2, 2001, the Off Council discusses the Chys comprehensive plan as It addresses issue of development and open space in the SdRwater Avenue/Gilman Road! area. At that time, staff reviewed the existing comprehensive plan and provided the Council with a number of remmmeMatbns on steps whidi might be taken W insure that the Man is ImMenxmted and is done so in accondance with the rights and privileges of pr'wate property owners in Me arsa. The attached resdve reaffirms the City's camprehemive plan and outlines a number of proposals and reo]Namencations designed M allow for cgdimretl appropriate development, the protection of land owner rights and interests, and continued provision of open space art resource protection in this area. Deportment Head Managers Comments: City Manager Associated Information: Resolve Finance DireGor Legal Approval City lotor Introduced for X passage _ First Reading page_ a Referral Assiguea to Councilors crawler, Blanchette. Tremble and vzraamis April 21. 2001 CITY OF BANGOR (TITLE.) Resolve, Reaffirming the Comprehensive Plan of the City of Bangor in the Sbilwater Avenue and Gilman Road Area and Outlining Steps to Implement This Plan WHEREAS, over the past twenty years, the Stillwater Avenue/Hogan Road area has been the most rapidly growing sector of the City; and WHEREAS, during the calendar year 2000, the City of Bangor adopted a revised and updated comprehensive plan which addresses both the future development of this area as well as areas to be protected either through continued public ownership or land use and zoning controls; and WHEREAS, much of this area is located within the City's designated growth area, has or can easily be served by municipal infrastructure and services, and is within the boundaries of the existing urban service area; and WHEREAS, portions of the area in question, particularly along the northwestern side of Stillwater Avenue and extending to various depths toward the abandoned Veazie Railway right of way, are identified by the comprehensive plan as appropriate for commercial development; and WHEREAS, this relatively undeveloped area remains the largest tract of land available within the City for commercial development; and WHEREAS, portions of this area, as identified m the City's comprehensive plan, have been appropriately zoned for either stream or resource protection in order to preserve wetlands and wetland values; and WHEREAS, other areas adjacent to the marsh are also designated by the comprehensive plan for rural residential and agricultural uses; and WHEREAS, the City has also undertaken steps to preserve open space and natural resources in this area through establishing the City Forest and Essex Woods; and WHEREAS, the current mix of commercial and non-commercial land uses in this area, as outlined by the comprehensive plan, is appropriate and represents a balanced approach W development; and WHEREAS, the City aim respects and recognizes the rights of property owners in this area and their right to control and "quietly enjoy" their property; and 01-189 WHEREAS, the City Council has determined that It Is appropriate to reaffirm the existing comprehensive plan and to advance proposals designed to allow for continued development, recognize landowner rights and interests, and protect natural resources in the Stillwater Avenue/Hogan Road area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BANGOR, THAT: 1. We hereby reaffirm the current comprehensive plan, particularly as it applies to the area northwest of Stillwater Avenue from Gilman Road to Kittredge Road including the proposed parallel service mad; 2. Recognizing that significant development has occurred along portions of the Penjajawoc Stream, staff is authorized to institute activities to improve this open space element through landscaping and pedestrian improvements. 3. Staff shall review the City's rurrent buffer standards to determine whether a specific standard relating to stream and resource protection should be considered to conserve the natural aspects of stream shoreline and to provide advance notice to those considering development adjacent to streams. 4. Staff shall work with the City Council to review the protection currently afforded to the Penjajawoc marsh. This effort should focus on the main area of the marsh located northwest of the Veazie Railroad bed. Any recommendations which are developed should take into account existing land use concepts and ownership patterns as well as property owner desires and interests. The approach should emphasize seeking conservation and/or access easements as new development occurs adjacent to the marsh/stream and be discussed with property owners who wish to preserve open space and traditional land uses. S. Staff shall evaluate areas adjacent to the City Forest and determine whether any additional properties should be acquired, subject to land owner interest in selling such property. 6. In conjunction with property owners, staff shall develop a plan for providing access to public property in the Penjajawoc marsh and stream area. This should include identifying existing areas of public ownership which may be used for access as well as potential additional routes if necessary. Where property owners do not wish to allow access across their land to public areas, the City should explore and devise alternative routes which are sensitive to the desires of any land owners to maintain their privacy and limit or foreclose public access. 7. In developing or implementing any plan involving preservation, forest expansion, or public access which involves private property, the City shall acquire land or easements only through willing agreement of the property owners. 01-189 8. Staff shall prepare and present to the City Council plans to establish a fund specifically dedicated to preservation, improvement, and access to the Penjajamc stream/marsh area. Sources of funding to be considered include: the existing City Forest Trust Fund, impact fees, grants, donations, and other non -Qty funding sources. IS CITY COUNCIL April 23. 2001 !lotion for Passage Nide and Seconded Noshes of the Public requested that Council delay action on tU6 issue until more facts add research can be presented. Other member of the Public urged Passage of this Resolve Miles for Passage Bodbted vote: 8 You. 1 an Councilors voting yes: Raldacci. Blanchette. Crowley. Parnham, Palaer. Robson. Trouble and gardenia Councilor voting no: Farrington passed v (TITLE,) 8eaffirnfoS the Comprehensive Plan of the City of gauger In the Stillwater Avenue am Gilman Sued Area and outlining Steps to Implement Me Plan . wworpow