Council considers zoning changes

14 years ago

Council considers zoning changes

By Kathy McCarty

Staff Writer

PRESQUE ISLE — Amendments to Chapter 16 Land Use and Development Code’s various sections topped councilors’ discussion during Monday night’s meeting at City Hall.

Jamie Francomano, city planner, was on hand to review the proposed changes and answer questions.

The first item up for the evening was the first of two hearings on amending Section 7, agricultural farming zone, recommended by the Planning Board.

“The first request involves dog kennels and boarding animals with a setback change to 600 feet from the nearest residence. The Planning Board reviewed ordinances from other communities and thought about examples they’d seen. Anything closer than 600 feet to the nearest residence would require a public hearing,” said Francomano.

Councilor Randy Smith raised the issue of food encroachment and having animals in such close proximity to agricultural crops, noting the tightening restrictions in recent years with regard to food safety. Francomano said zone issues such as sound buffering, runoff of fecal matter, stormwater management and erosion still would fall under state guidelines.

“The ordinance here won’t change those facts. What the amendment would do is require a public hearing if less than 600 feet (from the nearest residence),” Francomano said.

City Manager Jim Bennett indicated staff could have more data available for the next meeting and that Council wasn’t “under any obligation to vote in favor of the proposed change.”

Next, the first hearing on changing Section 15, industrial zone, was held. Francomano said the amendment had two parts.

“The first pertains to the new use of a wind energy-related non-operative facility. It looks like a windmill but just sits there and is used for training purposes only — non-operational. The second part involves inserting where it will occur — the industrial zone, part of the NMCC/SAD 1 property — to allow use to take place inside it,” said Francomano, noting NMCC students studying wind technology would be the ones using such a training facility.

The last of the Chapter 16 amendments involved Section 14 — professional medical zone.

“This is in effect to allow what has been common practice. Historically in the medical zone it was common to restrict apartment dwellers to certain types of tenants (those involved in the medical profession, due to proximity to the hospital), but it was an impossible standard to enforce and made a mess over time,” said Francomano.

Francomano noted there was a “lot of development potential up and down this street (Academy)” and that the Council had previously extended the zone to the Centerline Road.

“This came right out of the Comprehensive Plan in 2007 and maximizes development,” he said. “The transition between this district and what’s next to it — by allowing apartments but requiring a special hearing would allow review of what’s proposed and that development wouldn’t negatively impact what’s behind them.”

Councilors voted unanimously in favor of amending Chapter 16, Section 14, as proposed.

In other business, Council:

• Amended Chapter 12, taxi cab ordinance, with the base fee established on the IRS allowable mileage rate. Such rate shall be based on a ratio of the June 2005 rate of $0.405 per mile equaling a base rate of $5.50, rounded down to the nearest 10 cents. To illustrate, at the 2011 IRS rate of  $0.51, the base rate would be $6.90;

• Approved a special permit for music, dancing and entertainment for The Crow’s Nest Restaurant & Event Center;

• Appointed Councilor Walt Elish and Council Chair Emily Smith to the Strategic Planning Committee, with terms to expire Dec. 31, 2011;

• Approved consent agenda items;

• Confirmed the city manager’s appointment of George Howe as code enforcement officer;

• Approved a Presque Isle Development Fund moratorium to defer principal-only payments for six months (May-October 2011), pending written verification from all other lenders involved from the PIDF to KBS Enterprise, d/b/a the Presque Isle Inn and Convention Center;

• Appointed Stephen Richard to serve on the Presque Isle Housing Authority Board of Commissioners, with the term to expire on Oct. 31, 2011;

• Approved amendments to the Presque Isle Downtown Revitalization Committee by-laws, as presented;

• Approved the responses from the management of the city of Presque Isle to the 2010 audit management letter;

• Approved the proposed list of holds from the 2011 capital reserve appropriation to replace the original ones and approved the permanent de-authorization of the 2011 capital reserve appropriation items, should the state budget impacts remain as they are currently projected;

• Reviewed suggested policy language for the non-union employee compensation plan;

• Voted in favor of asserting ownership claim on property identified as the “downtown walkway” — a parcel of property that runs east to west from Main Street to the city’s parking lot, located between Wilder’s Jewelry and Sorpreso’s Cafe;

• Voted in favor of proceeding with setting up a meeting/summit with neighboring communities’ elected leadership, hosted by the Presque Isle City Council, for the purpose of discussing ways to save money through cooperation and collaboration, with councilors agreeing on the date of Sept. 1 for the meeting with community leaders including those from Caribou, Castle Hill, Chapman, Mapleton, Easton and Fort Fairfield;

• Unanimously approved the Annual Report being dedicated to Gerry James, former public works director for the city of Presque Isle; and

• Accepted high bids for tax acquired property, with the exception of property at 36 Mechanic Street. Council voted 5-2, with Emily Smith and Councilor Mel Hovey in opposition, to allow the home’s former owner, Frank Beaulieu, to acquire the property for $1,650 (taxes owed), rather than accept Beaulieu’s sister Katherine Brown’s bid of $7,557. In each case, Council stipulated that repairs or removal of the structures would be required within 90 days, to bring the sites up to code.

City Council’s next session is set for Wednesday, July 6, at 6 p.m. at City Hall. The public is invited to attend and encouraged to participate. For more information, call 760-2785 or visit www.presqueiselme.govoffice2.com.