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HomeMy WebLinkAbout2020-10-26 20-355 ORDINANCETitle, Ordinance 20-355 10/26/2020 CITY COUNCIL ACTION Council Meeting Date: October 26, 2020 Item No: 20-355 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, Attachment 2, Schedule A Urban Developed Area by changing some of the dimensional controls in the Urban Service District (USD) Summary There are a significant number of properties in the Urban Service District, both on Main Street and State Street that have been historically built adjacent to the roadway. There are also underutilized properties in these areas that are finding difficulties in re -developing their parcels, and thus the lots remain stagnant. This ordinance seeks to bring these lots into conformity and also help to make both State Street and Main Street more pedestrian friendly by allowing the buildings to be closer to the sidewalk. Please note that the rear setback to residential neighborhoods is proposed to remain at twenty feet but for other abutting districts, it is proposed to be reduced to ten feet. The maximum lot coverage is also proposed to increase to 40%. Please also note that all of the last decade's master plans for the Main Street area have called for this change. Committee Action Committee: Business and Economic Development Action: Staff Comments & Approvals Meeting Date: October 20, 2020 For: 5 Against: 0 As this is an amendment to the Land Development Code, it should also be referred to the Planning Board meeting of November 17, 2020. City Manager Introduced for: First Reading and Referral City Solicitor Finance Director CITY COUNCIL ORDINANCE Date: October 26, 2020 Assigned to Councilor: Nichols 20-355 10/26/2020 ORDINANCE, Amending Chapter 165, Land Development Code, Attachment 2, Schedule A Urban Developed Area by changing some of the dimensional controls in the Urban Service District (USD) WHEREAS, at present, there are a large number of properties in the Urban Service District (USD) that do not meet the front yard requirement; WHEREAS, at present, there are lots that are vacant and/or underutilized within the USD; WHEREAS, reducing minimum front yards is considered pedestrian friendly; and WHEREAS, previous planning documents for Main Street have called for this change; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165, Attachment 2, Schedule A of the Code of the City of Bangor is amended as shown on the attached. LAND DEVELOPMENT 165 Attachment 2 City of Bangor Schedule A Urban Developed Area Article XIII, §§ 165-88 through 165-97 [Amended 10-23-1995 by Ord. No. 95-412; 12-27-2000 by Ord. No. 01-64; 9-9-2002 by Ord. No. 02-320; 11-22-2004 by Ord. No. 05- 08; 12-12-2005 by Ord. No. 06-21; 6-26-2006 by Ord. No. 06-226; 11-14-2007 by Ord. No. 07-323; 3-24-2008 by Ord. No. 08-104;5- 9-2011 by Ord. No. 11-131; 12-23-2013 by Ord. No. 14-034; 3-13-2017 by Ord. No. 17-082; 3-27-2017 by Ord. No. 17-103; 9-11-2017 by Ord. No. 17-288; 9-10-2018 by Ord. No. 18-315; 1-14-2019 by Ord. No. 19-053] Minimum Minimum Minimum Minimum Maximum Minimum Maximum Minimum Front Yard Side Yard Rear Yard Maximum Water Maximum District Height Lot Area Lot Lot Width Depth Depth Depth Impervious Setback Floor Area Zoning Districts (feet) (square feet) Coverage (feet) (feet) (feet) (feet) Surface Ratio (feet) Ratio Urban Residence 1 (URD -1) 35 10,000 25% 75 207 5 20; 5 for 0.7 accessory structure Urban Residence 2 (URD -2) 40 ' 35% 75 207 5 20; 5 for 0.75 -- -- accessory structure Multifamily and Service (M 45 2 40% 60 10 10 10 0.85 1.0 1.0 & SD) Neighborhood Service (NSD) 35 10,000 25% 75 20 10 20 None 0.4 0.4 Urban Service (USD) 35 10,000 3040% 80 40-10 10 108 None -- -- 29 Downtown Development None None None None None None None None 4.0 4.0 (DDD) 165 Attachment 2:1 02-01-2019 BANGOR CODE 165 Attachment 2:2 02-01-2019 Minimum Minimum Minimum Minimum Maximum Minimum Maximum Minimum Front Yard Side Yard Rear Yard Maximum Water Maximum District Height Lot Area Lot Lot Width Depth Depth Depth Impervious Setback Floor Area Zoning Districts (feet) (square feet) Coverage (feet) (feet) (feet) (feet) Surface Ratio (feet) Ratio Waterfront Development 65; except 35 in the 10,000 70% 100 0 20 20 None 50 2.0 (WDD), permitted uses Shoreland Zone within 250 feet of the mean high-water mark of the Penobscot River Waterfront Development 35 10,000 70% 100 0 20 20 None 0 2.0 District (WDD), conditional uses: marine -related commercial uses (within 250 feet of mean high water) Waterfront Development 100 40,000 75% 100 0 20 20 None 250 2.0 District (WDD), conditional uses: hotels, business or professional office buildings, in excess of 65 feet in height Waterfront Development 35 10,000 70% 100 0 25 25 None 50 2.0 District (WDD), conditional uses: commercial establishments that provide for craftspeople, artisans and others to craft prepare, package and sell their products Waterfront Development 35 20,000 70% 100 0 20 20 None 50 2.0 District (WDD), conditional uses: accessory drive-in service Bass Park 100 10,000 45% 100 0 0 0 None Airport Development (ADD) Subject to land development permit review by Planning Board and federal aviation regulations 165 Attachment 2:2 02-01-2019 Zoning Districts Cellular telecommunication towers' Urban Industry (UID) Radio and television broadcast towers' Government and Institutional Service (G & ISD) Radio and television broadcast towers when accessory to a public nonprofit agency' LAND DEVELOPMENT NOTES: 'For one and two dwelling units, 9,000 square feet; for three dwelling units, 10,500 square feet; and for four dwelling units, 12,000 square feet. 'For the first two dwelling units, 6,500 square feet, plus 1,000 square feet for each additional dwelling unit. '(Reserved) 4 Or the minimum height allowed under federal law, whichever is greater. ' Minimum buffer yard: Type B, C next to a residential district. 'Minimum buffer yard: Type B next to a residential district. 'Minimum setback for open porches from the front property line is 10 feet. '20' rear yard setback for properties abutting residential districts Maximum Impervious Surface Ratio None Minimum 1.0 Water Maximum Minimum Minimum Minimum Maximum Minimum Maximum Minimum Front Yard Side Yard Rear Yard District Height Lot Area Lot Lot Width Depth Depth Depth (feet) (square feet) Coverage (feet) (feet) (feet) (feet) 195' 20,000 35% 100 100% of 100% of 100% of structure structure structure height height height None None 40% 50 30 10 20 4004 20,000 40% 50 50%oftower 50% of 50% of height tower tower height height 80 None 30% None 30 20 30 195° 20,000 30% N/A 100% of 100% of 100% of tower height tower tower height height NOTES: 'For one and two dwelling units, 9,000 square feet; for three dwelling units, 10,500 square feet; and for four dwelling units, 12,000 square feet. 'For the first two dwelling units, 6,500 square feet, plus 1,000 square feet for each additional dwelling unit. '(Reserved) 4 Or the minimum height allowed under federal law, whichever is greater. ' Minimum buffer yard: Type B, C next to a residential district. 'Minimum buffer yard: Type B next to a residential district. 'Minimum setback for open porches from the front property line is 10 feet. '20' rear yard setback for properties abutting residential districts Maximum Impervious Surface Ratio None Minimum 1.0 Water Maximum Setback Floor Area (feet) Ratio N/A .6 None 1.0 None N/A None 2.0 None N/A 1.0 1.0 2.0 2.0 165 Attachment 2:3 02-01-2019 Memorandum To: Honorable Bangor City Council Cathy Conlow, City Manager From: Anne M Krieg AICP, Planning Officer Date: November 18, 2020 CC: Tanya Emery, Director of Community and Economic Development Joshua Saucier, Assistant City Solicitor Jeff Wallace, Code Enforcement Officer Re: Planning Board Recommendation November 17, 2020 Text Amendment Change — Attachment 2, Schedule A Urban Developed Area by changing some of the dimensional controls in the Urban Service District (USD) Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a noticed public hearing on November 17, 2020. The meeting was conducted using the city's Zoom account. Staff reviewed the proposed amendment, noting the following: This is a proposed amendment to reduce setbacks in the Urban Service District. This reduction allows for more pedestrian scaled buildings. The change will also reduce non -conformities currently in the district. These non -conformities exist along Main Street and State Street. Non conformities can lead to blighted conditions or underutilized buildings/lots as improvement plans are hampered by non -conforming situations. We also have abandoned lots in this district that could re -developed if some relief to setbacks were provided. Please note that the protections in the rear setback to residential properties remains. This district directly abuts residential neighborhoods. Pushing the buildings forward to the street helps provide that rear buffer more easily. The Board passed a motion, by roll call, made by Member Hogan and Seconded by Member Meagher, to recommend to the City Council that the said contract zoning district change ought to pass. All members voted yes. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW. BANG ORMAINE.GOV IN CITY COUNCIL OCTOBER 26,2020 COrd 20-355 Motion made and seconded for First Reading and Referral to Planning Board Meeting of November 17,2020 Vote: 9—0 Councilors Voting Yes: Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Supica,Tremble, Davitt Councilors Voting No: None Passed CITV tfERK( IN CITY COUNCIL NOVEMBER 23,2020 COrd 20-355 Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes: Davitt,Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Tremble Councilors Voting No: None Passed CI CLERK