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HomeMy WebLinkAbout2019-10-28 19-416 ORDINANCETitle, Ordinance 19-416 10/28/2019 CITY COUNCIL ACTION Council Meeting Date: October 28, 2019 Item No: 19-416 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, Section 165-70, by Allowing the Code Enforcement Officer to Provide a Reduction or Elimination of Parking Setback Requirements Summary This proposed change allows the Code Enforcement Officer to grant relief from parking setback and buffer requirements under certain conditions, and improves setback plantings. At present, there are properties where existing conditions include a wide right-of-way area that functions as a buffer to the street. Our Code often requires an additional buffer on the property itself. Where such a wide right-of-way area is present next to a non -arterial street, the need for the additional buffer area on the property is reduced or eliminated. This ordinance would create a mechanism to review parking setbacks on a case-by-case basis, allowing relief from buffer requirements where appropriate. This ordinance amendment will not alter buffer requirements between adjacent parcels, just the requirements for buffers between properties and streets. The ordinance would also clarify that driveways in residential districts are not subject to parking setbacks and only count parking spaces themselves when calculating setbacks. This is in line with current practice. The ordinance would also add a new buffer type, consisting of only trees. This provides buffers adjacent to sidewalks that are more pedestrian -friendly than the typical mix of trees and shrubs. Buffers with both trees and shrubs remain for other property lines. Committee Action Committee: Business and Economic Development Action: Staff Comments & Approvals Meeting Date: October 8, 2019 For: Against: As this is an amendment to the Land Development Code, it should also be referred to the Planning Board meeting of November 5, 2019. Ca '�V . ia � rV11 � 1� City Manager City Solicitor Finance Director Introduced for: First Reading and Referral CITY COUNCIL ORDINANCE Date: October 28, 2019 Assigned to Councilor: Tremble 19-416 10/28/2019 ORDINANCE, Amending Chapter 165, Land Development Code, Section 165-70, by Allowing the Code Enforcement Officer to Provide a Reduction or Elimination of Parking Setback Requirements WHEREAS, at present, there are properties where existing conditions include a wide right-of-way that functions as a buffer to the street; WHEREAS, at present, there is no mechanism to review parking setbacks on a case-by-case basis; WHEREAS, where such conditions are present next to a non -arterial street, the need for an additional buffer area on the property is reduced or eliminated; WHEREAS, this ordinance amendment will not alter buffer requirements for adjacent parcels; WHEREAS, at present, residential driveways are generally not considered to be subject to parking setbacks; and WHEREAS, a buffer requirement that mandates street trees, rather than a mixture of trees and shrubs, is more appropriate for and easier to maintain for both arterial and non -arterial streets; 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 is amended as follows: § 165-13 Definitions. Street, Major Arterial Generally, a highway of regional significance with average annual daily traffic in excess of 10,000 vehicles and containing more than two lanes in at least some sections. Specifically, the following streets are to be NOW 10111iffiffilil Street, Major Arterial Generally, a highway of regional significance with average annual daily traffic in excess of 10,000 vehicles and containing more than two lanes in at least some sections. Specifically, the following streets are to be 19-416 10/28/2019 considered major arterial streets in Bangor: Broadway, Hammond Street, Hogan Road, Main Street, Odlin Road, State Street, Stillwater Avenue and Union Street. Street, Minor Arterial Generally, a street providing service for trips of moderate length, serving smaller geographic areas than major arterial streets, and offering connectivity to major arterial streets. Specifically, the following streets are to be considered minor arterial streets in Bangor: Mount Hope Avenue, Essex Street, Griffin Road, Kenduskeag Boulevard, Ohio Street, State Street, Maine Avenue, and Fourteenth Street. § 165-62 Visual clearance on corner lots. On a corner lot in any district, except the Downtown Development District, Waterfront Development District, and Bass Park District, in order to provide adequate vehicular visual clearance, no building or structure may be erected and no vegetation other than shade trees may be placed, grown or maintained between the heights of 2 1/2 feet and 10 feet above the curb level, or its equivalent, and no parking space shall be created or used, within the triangular space formed by two intersecting street lines or their projections and a line joining points on such street lines located a minimum of 20 feet from the point of intersection of street lot lines. § 165-70 Minor yard and area variations. Notwithstanding the area and yard requirements for the various zoning districts in Article XIII (Zoning Districts URD -1, URD -2, M & SD, NSD, USD, DDD, WDD, ADD, UID and G & ISD only), as enumerated in Article XIX of this chapter, and, in all zoning districts, the parking buffer requirements in Sections 165-62 and 165-73.B., the Code Enforcement Officer may allow the following variations from district standards after first notifying abutting property owners of record: E. A reduction or elimination of the parking setback requirements found in 165-73.B. Such variation may also reduce the width of required buffer plantings in Section 165-73.D as a result. The parking setback reduction or elimination may only be allowed if all the following conditions are met: M The subject parking area is not fronting a major or minor arterial street. 0 The setback reduction is for a setback between the subject parking area and a City street. A buffer area at least one-half of the otherwise required setback width is maintained between the subject parking area and the closest paved portion of the right-of-way, whether sidewalk or street. § 165-71 Residential Districts 19-416 10/28/2019 C. Driveways in residential districts, except as otherwise controlled in Chapter 271, Article VIII, Curb Cuts, of the City of Bangor Code, are not subject to parking buffer requirements found in Section 165-73.B. § 165-73 Parking area location and screening D. Screening of parking. All parking lots containing five or more parking spaces, outdoor display areas, outdoor storage areas and all outdoor off-street loading areas shall be screened in accordance with the following requirements: (2) All parking lots fronting on a public street or private way shall have an E Buffer Yard along the street right-of-way boundarx. All parldigg lets off-street loading areas fronting on a public street or private way shall have a B Buffer Yard along the street right-of-way boundary, except paFking and loading areas fronting on a public street or private wax in DDD, WDD, URD -2, M & SD, USD, BPD, and NSD with less than 50 spaces shall have an A Buffer Yard. For the purpose of this subsection, the term "private way" shall not include a railroad. Chapter 165, Attachment 1 - Buffer Yard Types A through D Bufferyard Type E Memorandum To: The Honorable City Council From: Anne Krieg AICP - City Planner/HPC CC: Tanya Emery, Director of Community & Economic Development David Gould, AICP, Planning Officer Paul Nicklas, Assistant City Solicitor Date: November 6 2019 Re: CORD 19-416 Please accept this memorandum as an indication of the Planning Board proceedings at their requisite public hearing on November 6, 2019. City Planner Krieg presented the proposed language of the text amendment, noting the purpose of the text change is to address parking setback relief. She relayed that several questions have been brought to staff's attention recently about parking setbacks on particular properties, and that this is an area of the Land Development Code that often creates issues for businesses and residences. She further explained that the proposed text seeks to: A. Relieving driveways for all residential uses from the setbacks and only count the parking spaces themselves when calculating setbacks. Driveways typically are given similar relief except for curb cut requirements, so this is not a departure from a norm. B. Allowing setback reductions under certain conditions and with approval of the Code Enforcement Officer. She read the conditions that speak to adjacency to specific roadways. C. Adding a buffer to make the streetscape look more pedestrian as an option for buffer plantings. The Board had no comments, questions or concerns. A motion was duly made and seconded and passed unanimously to forward a positive recommendation to the City Council for the proposed change.