HomeMy WebLinkAbout1988-07-11 88-312 ORDINANCEData July 19 , 1988 lounge. 88-312
Item/Subject Amending Zoning Ordinance - Chapter VIII, Article 14A -
'Waterfront Development District" C.O. 8 88-312
Responatte Department Planning Division
Commentary:
Me Planning Board held a public hearing on the above zoning
amendment at its regular meeting on July 18, 1988. After a
brief discussion of the need for this additional zoning district
as part of the Waterfront redevelopment process, the Board voted
5 to 0 to recommend this zoning amendment to the City Council.
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Asmciated Information:(yw�,
Budget Approval:
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Legal Approval:
City Svlieiro
Introduced For
®Passage
❑ First Reading Page—of—
Referral
apaof_Referral
Council nam„
Date 7/5/88
Item No. 88-312
Item/Subject. Amending Zoning Ordinance -
Chapter VIII, Article
14A - Waterfront Development
District
Responsible Department: Planning Division
-
Commentary:
For 'Referral to Planning Board Only.
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Associated Information:T�}-..�7
Budget Approval:
Fnanoe Dimetor
Legal Ap,ProvuP rSv IW ao
Ci solitimr
Introduced For
MPassage
[] First Reading Pape_ of
®Referral to Planning Board
88-312
ASSIGNED TO COUNCILOR SHUBERT, JULY 11, 1988
_pp` CITY OF BANGOR
(TITLE.) LBfniRT UMP, Amending_ Zoning Ordinance Chapter VIII,
14A - Waterfront Development District (WHO)
Be a srdaiud by Bw My Co pfW City dBaspen as fdlu .
THAT the Laws and Ordinances of the City of Bangor be amended
by adding Article 14A - Waterfront Development District (WDD) -
to Chapter VIII - Zoning Ordinance:
Sec. 1 Statement of Purpose. The Waterfront Development District
is esta lished to provide for the dynamic re -use of river and
stream frontage areas of the City .in keeping with current
market conditions and community objectives. - The range of
use in these areas must include some traditional water
transportation activities, provision for the interaction
of water and land based activity and commercial .uses
consistent with a recreational and/or visitor use of the
area, as well as opportunity to use existing building space
for office, residential and other complimentary activities.
Sec. 2 BasicHe'll
Buildings or land used r occupied and
ingb ld s erected, nstrueted, reconstructed moved or
structural)yy altered, shall comply wwith the requirements
of Article 21 of this Ordinance and following development
standards:
(1) Yards:
(a) Minimum setback from street right-of-way:_ 10 feet
Minimum setback of buildings from mean high
water on the riverfront 50feetor from
Park and Open Space Zoneboundary along the
river. 30 feet
(b) Minimum side yard or rear yard: 20 .feet
88-312
ORDINANCE
f:
4(
TITLE,) amending Zoning Ordinance
Chapter VIII, Article I4A - waterfront
IN CITT COBNCIL
July 1I,. 1988
Development District (FDD)
Ref ex to Planning Board.
tnn-aleed mM /tied by
CUTCLERK-
qe / -J7 ,,
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Cavrcttmn
IN CITY COUNCIL
July 25, 1988
Passed by the following yes and no
�pp ❑
pp{$Ruy..,,Y
votes. Councilors voting yea:
tl
,Blancfiette, England, Frankel, Sawyer,
-Samdy.Shpbeyt,
StoneandTilley.
Councilor absent: Sullivan.
_s2LXr
CI CLERK
(2) Bulk Controls:
(a) Maximum Height: Twenty feet at minimum setback or
yard depth plus one foot of additional height for
each one foot of additional distance from the
property line up to a district maximum
of sixty-
five feet; forty-five feet within 200 feet of
mean high water
(b) Maximum Sot coverage: 60%
(c) Maximum floor area ratio: F.A.R. = 2.0.
(3) Minimum lot width: 100 feet
F.A.R. Floor Area Ratio - Gross Floor Area Wilkin: the.'Buildin'-(s)
Tse
to a
as
Sec. 3. Uses. In a Waterfront Development District uses are
Ton—trolled as follows:
(1) - permitted Uses:
(a) Any business or professional office
(b)- Enclosed recreation centers conductedas a gainful
business
(c) Eating and drinking establishments
(d) Any other retail or service business conducted
within a building with no goods or materials dis-
played or stored outdoors, except goods or materials
of a seasonal nature displayed for retail sale with
outdoor display area, limited to 5% of the gross
floor area devoted to saidbusinesswithin the
building, but specifically excluding sales,, leasing
or service of automobiles, and other equipment or
machinery.,
(e) Historic, artistic or cultural displays, demonstra-
tions, models, or presentations, whether for profit
or not-for-profit, such as museums, theaters,
expositions, or art galleries including outdoor
display asnecessary..
(f) Accessorys
use on the same lot and customarily.
incidental to and subordinate to the above uses and
those permitted as special exceptions in sub -section
(2), below.
3
(2) Social Exceptions. The following uses shall be allowed
'n a Water ront Development District, but only upon the
granting of a special exception permit by the Planning
Board pursuant to Article 22 of this Ordinance.
(a) Marine related commercial uses to include: boat
sales and service; boat docking and service, boat
rental, tour boat and fishing services and other
aquatic activities requiring access to the river.
Provided:
i. Such uses are located within 250 feet of mean
high water on the Penobscot River
it. Such uses will create no noxious odors, or
excessive noise (above 65 decibles)
iii. Such uses meet the following site development
standards:
A. Those for permitted uses in Section 2,
above, except that no building shall exceed
maximum height of forty (40) feet and
accessory use docks, slips, walkways, and
boat handling equipment may be located
within fifty feet of mean high water.
(b) High rise hotel provided:
i. Such facility will not be located within
200 feet of mean highwater on the Penobscot
River
if. Such facility will meet the basic standards
of Section 2, above, except the maximum
district height which for this facility will
be not more than 100 .feet
iii. Such facility willbe sited to allow for the
minimum blocking. of the view from properties
away from the riverfrone side and siting of
the facility will be such to allow for a clear
unobstructive. view (from ground level) a
hundred feet in width between such a hotel
facility and any adjacent buildings from the.
Main Street right-of-way to the Penobscot River
bank as definedby mean. high water.
(3) Prohibited ❑- Any usenot specifically permitted in
t s art is a or in Article 21 of this. Ordinance.
'fl, 3is 6
LTem-No.-14: Amending Chapter VIII, Article 14A - "Waterfront Develop-
- _ sent District" - C.O. 1 88-312
a. The proposed amendment contained in this application is to add a
Waterfront Development District to the City's Zoning Ordinance in
preparation for zoning some of the area in the Front Street and
Railyard site for future redevelopment. (The present zoning in
that areais mostly I-3 with some C -3J The Waterfront Development
District(WDD) would be added to the Zoning Ordinance in preparation
for actually amending existing zoning in the Waterfront Area.
b. The proposed district will look familiar to the Planning Board as.
we had included a similar district in the Land Development Lode
draft reviewed by the Board. .However, there are some minor changes
based on the review of the development in the area by the Webster/
Baldwin/Rohman/Day/Czarneicki Study and recommendations for use and
bulk dimensional standards. Me bulk controls proposed use floor
area ratio, lot coverage and a flexible height requirement such a
that proposed for the Land Development Code. The uses include many
of the customary retail and service uses along with two major
categories of special exceptions. These relate to the concept of
"marine related commercial" and "high rise hotel." The marine related
commercial uses include the traditional activities relating to boating,
boats vice, and tour boat type of activities along the Waterfront
proper. The high rise hotel exception is to be kept back from the
Penobscot River£ront some 200 feet and is to be kept away from any
other existing facilities to allow vistasby what could be a. very large
scale structure. Also, the height limit on this facility is much
higher that the district in general at 100 feet. -(This approaches the
maximum height which the City's fire apparatus can safely service.)
c. Staff would recommend approval of the new district in preparation for
actual rezoning of the Waterfront Redevelopment Area.
OLD BUSINESS
Item No. 16: Preliminary Subdivision Plan - Stillwater Avenue/Hogan Road -
Stillwater Avenue Land Associates
a. At the time of this writing, Staff has not received the requested
copies of the applicant's. sewer easement and sight -of -way .for crossing
the land of abutters. Staf£1would recommend that the Board continue
this item until such time as applicant can prepare the above documents.
NEW BUSINESS -
Item No. 17: Site Plan Review - Stillwater Avenue - Sheldon Hartstone
a. Applicant requests site plan approval t0 construct a 7,880 sq. ft.
building for retail use located. at 861V Stillwater Avenue in a Commercial
2 Zone.
b. The proposed retail use is permitted in the Commercial 2 Zone. The
site plan submitted meets requirements for lot area, setbacks and side