Loading...
HomeMy WebLinkAbout1992-07-13 92-343 ORDINANCEFor ..a..... Page _of_ 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 ..a..... Page _of_ 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.