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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. Y/ J mffid Manager's Commppents:-Du,b �µw rat'e..+u+=' a-trd+^psJ' aaye.uxwuse od...taodh>Q.dPGoawaf coyCily Mougn Asmciated Information:(yw�, Budget Approval: flueu "Dire 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. t lap,rrmeer bead . Managers Comments:l�.b� ' u�. h'n4u.J:. t� �<.trr. ps ,t,errtyetxN..n n I ln)eF..ay.Y �?v.UmJ.riYP' sip-tX" 0 City Aluneger 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 ,, y(/// 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