HomeMy WebLinkAbout2017-08-14 17-289 ORDINANCEOrdinance,
CITY COUNCIL ACTION
Council Meeting Date: August 14, 2017
Item No: 17-289
Responsible Dept.: Planning
Action Requested: Ordinance
17-289 08/14/2017
Map/Lot: N/A
Amending Chapter 165, Land Development Code, by Reducing Buffer Requirements in the General Commercial
and Service District.
Summar
The proposed ordinance amendment will reduce buffer yard requirements for certain uses in the General
Commercial and Service District.
Committee Action
Committee: Business and Economic Development Meeting Date: August 21, 2017
Action: For: Against:
Staff Comments & Approyals
Also referred to Planning Board on September 5, 2017 at 7pm.
City Manager City Solicitor Finance
Director
Introduced for: First Reading and Referral
CITY COUNCIL ORDINANCE
Date: August 14, 2017
Assigned to Councilor: perry
17-289 08/14/2017
ORDINANCE, Amending Chapter 165, Land Development Code, by Reducing Buffer Requirements in the
General Commercial and Service District.
WHEREAS, the General Commercial and Service District specifics buffer yards for various land uses within the
District; and
WHEREAS, some site developments do not have sufficient land to comply with existing buffer yard
requirements;
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, Section 165-135, Schedule B be amended by reducing required
minimum buffer yards for selected land uses as shown in the attached amended Schedule B.
Additions are underlined, deletions stFue�k thfeug#.
17-289
AUGUST 14, 2017
Exhibit A
City of Bangor
Schedule B
Developing Area
Article XIV, §§ 1655-99 through 165-103.1
Minimum Maximum Maximum
Lot Area Minimum Minimum Minimum Dwelling Dwelling Maximum Maximum Maximum Impervious Minimum
(square Front Yard Side Yard Rear Yard Units per Units per Height Lot Floor Area Surface Minimum Lot Width Minimum
District/Use feet) (feet) (feet) (feet) Acre building (feet) Coverage Ratio Ratio Open Space (feet) SufferType
GENERAL COMMERCIAL & SERVICE (GC&S)
Permitted uses
NA
Drive-in business,
20000 50
gasoline service station,
0.4
retail auto service [Article
Any permitted use in the
10,000
40
10
25
N/A
N/A 40 35% 0.6 0.75
S&PS (§165-101(C)
0.4
Warehouse or wholesale
20,000 40
[Article XIV, § 165-102(D),
$ A
(5)
Other Permitted uses
10,000
40
10
25
N/A
N/A 40 3S% 0.6 0.75
Cellular
20,000
100% of
100% of
100% of
N/A
N/A 1953 35% 0.6 0.75
telecommunication
service (Article XIV, §165-
structure
structure
structure
Chemical dependency
20000 40
towers
40
height
height
height
NA
60
Conditional uses
NA
Drive-in business,
20000 50
gasoline service station,
0.4
retail auto service [Article
NA
XIV,§ 165-102 (D), (1),
$ A
(2)and (3)]
NA
Animal (Article XIV, § 165-
20,000 40
102 (D), (4)1
0.4
Warehouse or wholesale
20,000 40
[Article XIV, § 165-102(D),
$ A
(5)
NA
Entertainment or
20,000 40
recreation [Article XIV, §
0.4
165-102(D),(6)]
NA
Auto repair shop and light
20,000 40
industry [Article XIV, §165-
NA
102(D),(7) and (8)
40
Public utility and public
S000 30
service (Article XIV, §165-
NA
102(D),(9)]
G B
Chemical dependency
20000 40
treatment facility [Article
40
XIV, §165-102(D)(10)]
0.4
N/A 100 NA
N/A 100 A
N/A 100 B,C next to a
residential
district
20 25 N/A N/A 40 25% 0.4 0.75 N/A 100 $ A
20 20
NA
NA
40
35%
0.4
0.7
NA
100
$ A
25 25
NA
NA
40
25%
0.4
0.7
NA
100
$ A
25 25
NA
NA
40
25%
0.4
0.7
NA
100
$ A
25 30
NA
NA
40
20%
35
0.7
NA
100
G B
20 20
NA
NA
40
35%
0.4
0.4
NA
60
8 A
20 25
NA
NA
40
35%
0.4
0.4
NA
100
$ A
IN CITY COUNCIL
AUGUST 14, 2017
COr 17-289
FIRST READING AND REFERRAL TO BUSINESS AND ECONOMIC
DEVELOPMENT COMMITTEE MEETING OF AUGUST 21, 2017
AND PLANNING BOARD MEETING OF SEPTEMBER 5, 2017
�JaraaG�.�
CITY CLERe
IN CITY COUNCIL
SEPTEMBER 11, 2017
COr 17-289
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 9-0
COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS,
PERRY, SPRAGUE, TREMBLE, WESTON, BALDACCI
COUNCILORS VOTING NO: NONE
PASSED
-„
CI CLERK
MEMORANDUM
DATE: September 6, 2017
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Zoning Ordinance Chapter 165-135 Schedule B —
amending Buffer yards in the General Commercial and
Service (GC&S) District. — Council Ordinance #17-289
Please be advised that the Planning Board at its meeting on September 5, 2017,
held a Public Hearing on the above Zoning Amendment to revise the buffer yards in
Schedule B, GC&S District.
Chair Kenney opened the Public Hearing and Planning Officer David Gould
provided the Board with an overview of the proposed amendment. The existing buffer
yard standards come from Lane Kendig's "Performance Zoning" and adopted into the
1991 Land Development Code. The Buffer yard standards were added a better measure
of what was required over the older "screening narrative". It provided a variety of plant
types and associated buffer widths based on the intensity of the use proposed.
Over the years there have been many amendment to the buffer yard
requirements, both increasing and decreasing widths and plant materials.
The intent of the amendment at this time is to reduce the required buffer yard
width, which has a tendency to occupy space which might be used for parking or
buildings. This is especially a concern for older developed lots which tend to be smaller
and constrained by the wider buffers.
There were no proponents or opponents to the proposed text amendment.
Member Durgin asked where in the City GC&S Districts were located. Mr. Gould
indicated that GC&S was found in developing areas, primarily around the Mall, Hogan
Road, Main Street, Hammond Bulge and Odlin Road.
Member Guerette thought the amendment would lessen the ability of the buffers
to mitigate impacts on their neighbors.
Member Boothby made a motion to recommend that C.O. #17-289 be adopted
by the City Council. Member Durgin seconded the motion and the Board voted four in
favor and three opposed to send a positive recommendation to the City Council.