HomeMy WebLinkAbout1992-07-13 92-343 ORDINANCEFor
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Data Julve6.1992
Item No. 92-343
Amending Land Development Code -
Chapter Vill, Article 16, Section
Item/Subject: 4.0 - Stream Protection District
Responsible Department: Planning Division
Commentary:
This zing amendment would add the Stream Protection
District to the
Land Development code.
fine comprehensive Plan committee has met with
Staff and property owners In
the PmJaJawoc Stream a of the Mall and the
formation of this amereiament
Is a result of those deliberetionsl -
For Referral to the Planning Board.
nt lith
Manager's Comments:
'
Coy Mnrmgn
Associated Information:
Budget Appsoval:
( muceDM
Legal Approval
City Sdiaimr
For
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92-343
(AS AMENDED)
Awignedlo Counedor Frankel, August 10, 1992
CITY OF BANGOR
(TITLE,) (Orbiamwel Amending _Land Development. code - chgpter...yl a;a ....Ars iale...lb.
section 4.0 and,Chapter VIII Ar[i,ci 2, Sectix9..7 ' stream Protection. District
Be 0 ordaiwd 4y Be City Common of Be My of Bangor, as foflume.-
THAT the Land Development Code of the Laws and Ordinances of the
City of Bangor - Chapter VIlI, Article 16, Section 4.0 be amend-
ed by adding the following Stream Protection District:
Sec. 4.0 st ream_P[gj egil paAiatrc�fg8).
4.1 Statement of 1'4moss. The Stream Protection Dis-
trict is established to preserve and protect de-
fined streams in the developing areas
of the
City. The District i intended toe a that the
functions of such natural drainagewaysu to carry
storm water; to provide fish and wildlife habitat;
to support vegetation; to provide visual relief
from development and to provide passive recreation
opportunities, are not encroached upon by future
develormaxt in these developing areas.
At the
same time district boundaries are [tobe drawn so
as to respect existing development sites.
4.2 Basic_ Requirements. Buildings or land used or
occupied, and buildings or structures erected,
constructed, reconstructed, moved or structurally
altered; whether permitted uses or conditional
uses, shall comply with the requirements of this
Section, Part I1, Article B and the following
specific development standards:
A. hin_$etback f[glp no: maLHighlVaEe.,{1yg:
5D feet.
92-343
(AS Al®®)
R.Nini n)_tva si%_e ane ot�ar &&q De_v_ely t
Standards:
(1) For lots located totally within the
District - the requirements of Part II,
Article S.
(2) For lots located partially within the
District and partially within an abut-
ting district defined in Part III, Arti-
cle 15 or Article 16 - the requirements
of the abutting District shall apply and
area within the Stream Protection Dis-
trict of such lots may explicitly be
used to meet such standards.
4.3 Permitted Dess. The following uses are permitted
in this District:
A. Timber harvesting in keeping with the require-
ments of Article 8;
B. Agriculture, including the production of
dairy products and crops and the keeping and
raising of livestock and poultry, except for
feed lots, in accordance with Article 8;
D. Tree farms and forest nurseries;
E. Recreation trails such as bicycle, hiking,
saddle, carriage, ski, snowmobile and snow-
shoe trails;
F. All activities necessary for managing and
Protecting the land including, but not limit-
ed to: forest management activities, wildlife
management, mineral exploration, surveying,
and fire protection;
G. Other recreational activities not requiring
structures;
R. Accessory uses to uses permitted in abutting
zoning districts located on the same lot,
provided that if any such use is located
within 75 feet of the normal high water line
of the stream, a landscaping plan most be
submitted to and approved by the Planning
Board which meets the following requirements:
(1) If such use is located within 75 feet of
the normal high waterline of the stream
and the minimum stream setback, a land-
92-343
(AS AMTKWED)
seeped area
immediately adjacent to the
accessory use area, which meets at a
minimum the requirements of Article 20,
Section 1.4 - Buffer Yard D-3 or D-4
shall be provided, and the remaining
area between the bufferyard and the
normal high water line shall meet the
requirements of Article 20, Section 1.4
- Buffer yard D through preservation of
fisting viable planta and planting of
additional shrubs and trees.
I. Bufferyards as defined under the provisions
of this Ordinance.
J. Accessory uses subordinate and incidental to
the above permitted use and those approved
under Section 4.4, below.
4.4 CanditionyI U . Subject to Planning Hoard ap-
proval under the provisions of Article 2, Section
8., the following uses may be permitted in this
District:
A. Public utilities including sewage collection
and treatment provided:
(1) All the requirements of Article 8 are
met;
(2) An environmental impact statement i
Prepared which demonstrates that such
are will create the minimum amount of
environmental degradation necessary to
install and operate such use.
B. Piers, docks, wharves, breakwaters and bridg-
es provided: -
(1) All the requirements of Article 8 are
met;
(2) An environmental impact statement is
Prepared which demonstrates that the
installation and operation of such a
facility will have minimal negative
impact on the immediate environment.
0. Filling, grading or dredging provided:
(1) All the pertinent requirements of Arti-
cle 8 are met;
(2) The requirements of Article 7 are met;
92-343
(AS Mffim®)
(3) A plan for precautions taken during
construction to eliminate erosion and
prevent environmental degradation and a
plan for restoration of the site after
construction including r vegetation are
_ submitted which demonstrate the minimal
disruption of the environment in the
immediate area.
D. Read and driveway construction provided:
(1) Such private drive inecessary
cto pro-
vide s s to a permitted or condition-
al useestablished in conformance with
the provisions of this Ordinance.
(2) Or, where no reasonable route or loca-
tion is availableoutside of the Stream
Protection District Area as determined
by the Planning Board.
4.5 groh161te4use. Any use not specifically permit-
ted in this Section, or
in Part II of this
Ordinance is prohibited.
ARO THAT the Land Development Code of the Ordinances of the City
of Bangor - Chapter VIII, Article 2, Section y be amended by
adding the following:
(19) Stream Protection District - (SPD)
In City Council August 10.1992
Passed as
amended
vote ) Yes Absent
voting Yes Baldacci, Cohen, Frankel.
SaWer, SABI, Soucy, Stone
Absent Blanchette, Bragg
CS y Clerks
92-343
ORDINANCE
( TITLE.) Amending Land Development Code
chapter VIII, Article 16 Section 4.0 and
chapter VIII Article 2 Section I
Stream Protection District
Assigned to
92-343
(AS AMENDED)
Item Re. 5: Land Development Code Amendment - Article 16,
Section 4.0 - Stream Protection District - C.O. i
92-343.
a. This amendment adds an additional zoning district to the
Shoreland Zoning provisions of the Land Development Code - a
Stream Protection District. (Shoreland Zoning Guidelines
from the State allow for the creation of such a district to
deal with identified streams in the community. There is a
limited amount of such stream frontage in the City of
Bangor.) The application of this district is Proposed to be
in the Mall Area where there have been a number of concerns
raised about the application of Shoreland Zoning and the
potential conflicts between development zoning and Shoreland
Zoning along the Penjajawoc Stream.
b. As noted in the July 14th Memorandum, there has been some
concern sed about the Department of Mousing and Urban
Development Flood Insurance Program and the "Flood Boundary
and Floodway" mapping in this area of the community. Be-
cause these c e have deleted reference to the
maps in question in the zoning district provisions, although
the Flood Damage Prevention Ordinance adapted by the City
under Federal Flood Insurance Guidelines still applies to
this a (Me are attempting to work with Federal Offi-
cials to review the validity of these maps in this area.)
C. The Stream Protection District itself has similar provisions
to those found in the other Shoreland Zoning Districts,
while providing for specific provisions which deal with the
streamfront areas
conjunction with development of
non-shorelAndacreageaway from the Stream. The proposed
amendment eliminates most situations in which existing prop-
erties would be rendered nonconforming
onforming by Shoreland Zoning
Provisions, for example. At the same time, the proposed
amendment provides for landscape treatment of the areas
along the Stream at such time as adjacent sites are devel-
oped. Also, the amendment provides for the inclusion of the
Streamfront areas which are not to be developed in computa-
tion of site development standards in the abutting develop-
ment zoning districts (Impervious Surface Ratio, Lot Cover-
age, Etc.).
d. The uses permitted in the area immediately adjacent to nor-
mal highwater line of these streams is, however, restricted
in the Stream Protection District to nondevelopment types of
use. Throughout the area there is a minimum setback of 50
feet from the high water line. (Minimum setback from such
stream high water lines under the previous Shoreland Zoning
Provisions was 75 feet.)
e. Staff has had considerable input from Comprehensive Plan
Committee Members and landowners in the Mall area
in develop-
ing this new zoning district to deal with a rather complex
mix of activities in the Mall area. Staff would recommend
that the resulting district and the areas so zoned in the
Penjajawoc Stream area of the Bangor Mall be recommended for
adoption by the city council.
Date Augustn5,v 1992 Item No. 92-343
Item/Subject Amending Land Development Code - Chapter VIII, Article 16, Section
4.0 and Chapter Vill, Article 2, Section ] - Stream Protection
Responsible DistrictDepartment: C.O. A 92-343(As Amended)
Planning Division
Commentary:
The Planning Board at its meeting of August 4, 1992 held a public hearing
on the above -noted zoning amendment.
Nr. Doug Smith, Secretary of the Hogan Road Area Business Association, spoke
In favor of the proposed amendment. No one spoke In opposition.
The Planning Board voted 5 to 0 in favor of a motion to recommend to the
City Council that the zoning amendment contained in C.D. p92-343 (As Mended)
be approved.
Prewar Heed
Manager's Comments: .Iw A��/_qQc,��1�1
A '
Ciq Mm.<ge,
Associated information:
Budget Approval
I PleasureDir< u
Legal
Approval: 7h15 iTrw will relvift five �5)
tma{ive vo}ee kr einel Q6Sia56. tty s'aro"
As
For
First Reading
Referral
Page—of—
92-343
Aad Pass] to Cowtilar Frankel, July 13, 1992
CITY OF BANGOR
(TITLE.) &DUMMPy Amending Lad Development Code chapter viii Article 16,
-Sect ion. 4.0 Stream PrptVFtl W. 0l.A;r.j..... ........ ............
Be it ordained by W Clap (,ounew o7 W City dBmmor, as /agn e:
THAT the Land Development Code of the Laws and ordinances of the
City of Bangor - Chapter VIII, Article 16, Section 4.0 be anend-
ed by adding
the following Stream Protection District:
Sea. 4.0 1Lgam
PF3.tection Distr}et (SPO)_
4.1
Stetemea� qt_ggrpyS�ee. The Stream Protection Dis-
trict is established to preserve and protect de-
fined streams in the developing areasof the
City. The District is intended toe a that the
functions of such natural drainageways: to carry
storm water; to provide fish and wildlife habitat;
to support vegetation; to provide visual relief
from development and to provide passive recreation
opportunities, are not encroached upon by future
development in these developing areas.At the
me time district boundaries are to be drawn so
as to respect existing development sites.
4.2
Aaujglteguirements. Buildings or land used o
occupied, and buildings or structures erected,
nstructed, moved or structurally
constructed, reconstructed,
altered; whether permitted uses or conditional
shall Comply with the requirements of this
Section, Part II, Article 8 and the following
specific development standards:
A. Minim b k f N 1 NS h- t i
50 feet or the floodway boundaryjas defined
by the "Flood Boundary and Floodway Nap,"
dated Jane 15, 1978, issued by the Federal
Insurance Administration of the U.S. Depart-
ment of Housing and Urban Development, as it
may be amended from time to time) whichever
is greater.
In city council July 13.92
First Reading referred to
Appropriate committee
City cia t
f<'p.
9P'-343'
TITLE) Amending Land Development Code
Chapter VIII Article 16, Section 4.0
Stream
Protection
—District
�q/'/'y--
�L[+w.VwGACpi�M to
7i ROPE"p
Cauctitavt
92-343
B. Hi2mn L Other Site Development
s2BP_derds:
(1) For lots located totally within the
District - the requirements of Part II,
Article 8.
(2) For lots located partially within the
District and partially within an abut-
ting district defined in Part II1, Arti-
cle 15 or Article 16 - the requirements
of the abutting District shall apply and
area within the Stream Protection Dis-
trict of such lata may explicitly be
used to meet such standards.
4.3 Rermitt ed uses. The following uses are permitted
in this District:
A. Timber harvesting in keeping with the require-
ments of Article 8;
a. Agriculture, including the production of
dairy products and crops and the keeping and
raising of livestock and poultry, except for
feed lots, in accordance with Article 8;
D. Tree farms and forest nurseries,
E. Recreation trails such as bicycle, hiking,
saddle, carriage, ski, snowmobile and snow-
shoe trails;
F. All activities necessary for managing and
protecting the landincluding, but not limit-
ed to: forest management activities, wildlife
management, mineral exploration, surveying,
and fire protection;
O. Other recreational activities not requiring
structures;
H. Accessory uses to uses permitted in abutting
zoning districts located on the same lot,
provided that if any such use
s located
within 75 feet of the normal high water line
of the stream, a landscaping plan must be
submitted to and approved by the Planning
Beard which meets the following requirements:
(1) If such use
s located within 75 feet of
the normal high water line of the stream
and the minimum stream setback, a land-
92-343
caped area immediately adjacent to the
accessory use , which meets at a
minimum the requirements of Article 20,
Section 1.4 - Buffer Yard D-3 or O-4
shall be provided, and the remaining
area between the bufferyard and the
normal high water line shall meet the
requirements of Article 20, Section 1.4
- Buffer Yard D through preservation of
fisting viable planta and planting of
additional shrubs and trees.
I. Bufferyards as defined under the provisions
of this Ordinance.
J. Accessory uses subordinate and incidental to
the above permitted use and those approved
under Section 4.4, below.
4.4 §cnditiona,Tpg. Subject to Planning Board ap-
proval under the provisions of Article 2, Section
8., the following uses may be permitted in this
District:
A. Public utilities including sewage collection
and treatment provided:
(1) All the requirements of Article 8 are
met;
(2) An environmental impact statement i
prepared which demonstrates that such
e will create the minimum amount of
environmental degradation necessary to
install and operate such use.
B. Piers, docks, wharves, breakwaters and bridg-
es provided:
(1) All the requirements of Article 8 are
met;
(2) An environmental impact statement 1s
prepared which demonstrates that the
installation and operation of such a
facility will have minimal negative
impact an the immediate environment.
C. Filling, grading or dredging provided:
(1) All the pertinent requirements of Arti-
cle 8 are met;
(2) The requirements of Article 7 are met;
92-343
(3) A plan for precautions taken during
construction to eliminate erosion and
prevent environmental degradation and a
plan for restoration Of the site after
construction including revegetation are
submitted which demonstrate the minimal
disruption Of the environment in the
immediate area.
D. Road and driveway construction provided:
(1) Such private drive is necessary to pro-
vide access to a permitted or condition-
al use established in conformance with
the provisions of this Ordinance.
(2) Or, where no reasonable route or loca-
tion is availableoutside of the Stream
Protection District Area as determined
by the Planning Board.
4.5 Prohibited Uses. Any use not specifically permit-
ted in this Section, or in Part ii of this
Ordinance is prohibited.
RECEIVED JUL 0 2 1902
APPLICATION. FOR LAND_ nrVF_LO?MENT, CODE. AND MAP P_NEODM%NT
TO: THE CITY COUNCIL AND DATE July 2, 1992
THE PLANNING BOARD OF RANGON, MAINE: NO.
1. I(WE), Albert U. and. Jeanne L. Liberatore
-- 1 - 945-9715 home -
2, of. 54 Penobscot Street,,Bangor, Maine 04401 942-7920 work
Address City or Post Office Telephone
hereby Petition to amend the Lana Develepmeat Code or the City of
Danger, Maine by reclassityinq from Low Density Residential
district to the Neighborhood Service district for the
Property outlined inredon the maps attached hereto, which are
part.of this application, and described as follows:
3. ADDRESS OF PROPERTY (if say) 759. Ohio_ Street,„ Bangor,. Maine_ 04,401
Total Area (acres or square feet) 8,3 acres -------
4.
__4. PROPERTY LOCATION (General location): Example - South side. of
State Street 400 yards. East of Pine Street
North side of Ohio Styeef. West of GTaffin Road
5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map Va., R-14 Parcel ,1-A
.6. EXISTING USE:... MULYI-FAMILY
7. PROPOSED USE: NEIGHBORHOOD SERVICE FOR SOLO PRACTITIONER OF _
.ORTHODONTIC CARE,
S. NAME AND ADDRESS OF OWNER OF RECORD: Name Verne Robinson, deceased
John Robinson, Executor
Addres, 159 Ohio Street
Bangor, Maine- 04401
9. NAME AND ADDRESS OF CONTRACT OWNER (if such):,A.U, and S.L. Liberatore
10. SIGNATURE OP OWNER OR CONTRACT OWNS 34 Cgrytobs t St. Bangor
11. REPRESENTATIVE OF APPLICANT: Name-_NL4-_....._:__ . t
(if applicable) - -----------
Address
12. ATTACH ANY CONDITIONS PROPOSES FOR A CONTRACT ZONE REQUEST.
***SEE ATTACHED CONDITIONS***
RETURN PORN„¢_DIIP4 LCj,TE, TO_PLAPN{NC_DJY SESOM�.-C.l'k'I' WALL,. yANGOR,_ME.
Application fee. - R_Socessinq ,Advertising ,Total
Zone Change (1/2 acre or less) $265.25 5200.00* $465.00
Zone Change (in excess of 1/2 acre) $424.50 $200.DO* $624.50
Contract ZoneChangee _ $$36.75 $250.00* $886.75
*Two Ads Required -
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
G. Suitable off-street parking will be properly lighted and screened so
as to complement the neighborhood.
H. NII remaining zone requirements will be met.
2. Execution by those parties with an interest in the affected property
of an agreement providing for the implementation and enforcement of all the
terms and conditions set forth above and the recording of said executed agreement
n the Penobscot County Registry of Deeds by the property Owner, a copy of said
agreement being on file in the office of the City Clerk and incorporated herein
by reference. In the event that said agreement is mat so executed within nsnety
(90) days from the date of passage hereof, this Ordinance shall became null and
void.
G&ISD
92-344
A. U. LIBEa TORE, D. M. D.
DANGER. MAINE 04MM
207- AW2-7920
CONDITIONS
I. ONLY 3/4 ACRE FRONTING OHIO STREET (315 FT X 114 FT) TO
BE REZONED AS NEIGHBORHOOD SERVICE DISTRICT
2. REMAINING ACREAGE (APPROXIMATELY 7.55 ACRES) TO REMAIN
UNDER CURRENT ZONE OF LOW DENSITY RESIDENTIAL
3. TWO THOUSAND SQUARE FEET OF GROSS FLOOR AREA - AS
ALLOWED UNDER NEIGHBORHOOD SERVICES DISTRICT -
WILL BE USED FOR RENDERING ORTHODONTIC CARE.
4. NO RENTAL UNITS WILL BE PERMITTED.
5. REMAINING SQUARE FOOTAGE OF USABLE BUILDINGS (I.E.
-- BARN, ATTACHED SHED, OUTBUILDINGS AND REMAINING
PORTION OF SECOND STORY) WILL BE STRICTLY FOR PERSONAL
USE.
6. IN ACKNOWLEDGEMENT OF THE UNIQUE PASTORAL NATURE OF
- PROPERTY, THE USE OF THE PROPERTY UNDER THE REZONING
TO NEIGHBORHOOD SERVICE, WILL BE LIMITED TO ONLY
ORTHODONTIC CARE. IN THE EVENT THAT SAID PROPERTY
CEASES TO BE USED FOR ORTHODONTIC CARE, THE PROPERTY
IS TO REVERT BACK TO A SINGLE FAMILY DWELLING,
CONFLUENT WITH SURROUNDING PROPERTY USES.
7. SUITABLE OFFSTREET PARKING WILL BE PROPERLY LIGHTED
AND SCREENED SO AS TO COMPLIMENT THE NEIGHBORHOOD
B. ALL REMAINING ZONE REQUIREMENTS WILL BE MET.
* conditions attacned to application for land development code and
map amendment. Submitted July 2, 1992'
PUBLIC HEARING
Item No. 2: Contract Lone Change - 759 Ohio Street - Albert U.
and Jeanne L. Liberatore - C.O. Y 92-344
a. General Description. Applicant requests a contract a
change from Low Density Residential District (LDR) to e
Neighborhood Service District (NSD) for 35,910 sq. ft. of
the front of a 8.3 acre parcel located at 759 Ohio Street.
(See attached contract zone change conditions.)
b. Land Use and Zoning Policy. The proposed Neighborhood
Commercial District is not consistent with the land uses
Proposed in the Comprehensive Plan's Land Use Concepts and
Zoning Policy Maps. These maps indicate that this area
should be reserved for low density residential saes.
The.Board may recall that it has been the City's land use
policy to leave both aides of the Renduckeaa Streams as low
density residential and agriculture uses. This is done to
help protect the open space element of the stream and help
meet the City's overall open space objectives.
C. Existing Conditions,. The proposed commercial zoning in not
consistent with the existing zoning in the area, which i
primarily LDR with some High Density Residential (HDR) and
soma Government and Institutional Service (G 6 ISD) zoning
located on the other side of the street. St. Mary's Pariah
which is located directly across from this Parcel does
impact the area. However, a church complex i not a
Commercial use (and is permitted as a conditional use in
major street locations in residential districts).
d. Urban Services. The proposed parcel is within the Primary
Service Area and is currently served by Public sewer, water
and a full ranee of urban services.
e. Decision Criteria. Under the mandatory conditions for a
contract zone (Article 2, Section 6.6, (B)) the proposed
zoning must be consistent with the City's Comprehensive
Plan. The Proposed zone change request isnot. In
addition, the proposed zone change must be consistent with
the existing uses in the area and permitted uses within the
original Zoning district. The primary uses in the area are
residential uses and the original LDR zoning is a
Ingle -family residential district which does not permit
Commercial uses. Therefore, the proposed zoning is neither
consistent with the existing uses in the area nor the
.permitted uses within the original LDR. Also, since there
is no other commercial zoning anywhere near this parcel,
this would be considered "Spot zoninq^.
For the most part, the proposed contract conditions restate
existing ordinance requirements and do not relate to the
Physical development and operation Of the property. The
Proposed conditions do not attempt to set limits on the
proposed operation such as the number of employees or set
office hours. The conditions do not address issues such as
whether or not the Property will retain its residential
character or whether elapses will be in keeping with the
residential area.
E. Becommendatioq. Because the proposed contract zone change
is neither cons
iatent with the Comprehensive Plan e
required under Article 3, Section 6.6 (B), n i
catent
with eristinq S inq O n the area, Staff recommends
that the Planninq Board recommend denial to the City
Council.