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HomeMy WebLinkAbout2021-06-14 21-210 ORDINANCE21-210 06/14/2021 CITY COUNCIL ACTION Council Meeting Date: June 14, 2021 Item No: 21-210 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: n/a Title, Ordinance Amending Chapter 165, Land Development Code, by providing relief for certain public utility buildings in the Government Institutional and Service District. Summary This Ordinance will amend Chapter 165, Land Development Code, by adding providing relief from size limitations for auxiliary public utility structures in the Government Institutional and Service District (GISD) Currently, small public utility buildings are exempt from the dimensional requirements in their respective district. The GISD is established to be a district strictly for public service buildings. A public utility structure is, by definition, a service building. The proposal is to allow larger utility buildings to exist without dimensional controls. This allows these buildings to be located in underutilized lots that are not otherwise usable for other developments. These larger buildings would need site plan review form the Planning Board for oversight purposes. The discussion for this change to the Land Development Code came from staff working with the Water District on locating a structure in the industrial park area. Committee Action Committee: Planning Board Action: Staff Comments & Approvals Meeting Date: July 6, 2021 For: Against: ck:a V 1 �"j /9� City Manager City Solicitor Finance Director Introduced for: First Reading and Referral 21-210 06/14/2021 CITY COUNCIL ORDINANCE Date: February 8, 2021 Assigned to Councilor: Sprague ORDINANCE, Amending Chapter 165, Land Development Code, by providing relief for certain public utility buildings in the Government Institutional and Service District. WHEREAS, at present, there is an exemption for some public utility buildings; WHEREAS, there is interest from public utilities to use smaller lots in the industrial areas zoned GISD; WHEREAS, some public utility buildings are in excess of 300 square feet for operations; WHEREAS, the Government Instructional and Service District has the primary goal of providing services to the public, 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 Auxiliary Public Utilities Structure Ll� A structure, not to exceed 300 square feet in gross floor area or 16 feet in height, operated by a public utility, including but not limited to pumping stations, pad -mounted transformers, electronic switching equipment ' . are to be f '# except forrequired maintenance,1 land- developmentpermit approval r . Planning Board. § 165-111 Site developments requiring permit. A. Any activity covered under this chapter shall require a land development permit under the following conditions: 21-210 06/14/2021 (12) Public Auxiliary Utility Structures in excess of 300 square feet and/or greater in 16 feet in height in the G & ISD. Planning Division Memorandum To: Honorable Bangor City council Cathy Conlow, City Manager CC: Tanya Emery, Director of Community & Economic Development Jeff Wallace, Code Enforcement Officer Josh Saucier, Assistant City Solicitor From: Anne Krieg AICP, Planning Officer Date: July 7, 2021 Regarding: Amending Chapter 165, Land Development Code, by modifying the definition of Auxiliary Public Utilities Structure to allow buildings greater than 300 sq. ft. and/or greater than 16' in height to be allowed only in the G&ISD, subject to review by the Planning Board under the process and requirements of a Land Development Permit. Please accept this memorandum as the recording and explanation of the Planning Board action on the above noted item at their requisite public hearing dated July 7, 2021. The meeting was conducted in person with the Board members and staff present. The advertisement and posting were noted the meeting would be on Zoom; thus Zoom was available to interested parties. Planning Officer Krieg presented the proposed change to the Board, as it was a staff-led amendment. She noted the following points from the staff memo: A. This is a staff-led amendment to accommodate public utility structures’ location options more efficiently in the Government and Institutional Service District. The policy discussion started in response to the Bangor Water District looking at an undersized parcel near the water tower off Texas Avenue to place a building. B. Auxiliary Public Utilities do have some exemptions already; but they are limited in size and height. In order to prevent undesired outcomes in other districts, the proposed expansion of this exemption to larger buildings is only in the Government and Institutional district. City of Bangor Planning Division Planning Board action summary Changes to Auxiliary Public Utility Structures C. The building, if approved by City Council in sale/lease agreements separate from the Planning Board’s decision, would need to come back to the Planning Board for a Land Development Permit, should this district language pass. D. Providing exemptions for these auxiliary utility buildings also means that lots that otherwise could not be used for commercial or other institutional development can be used for these structures. Further, the buildable lots can then be used for commercial, industrial or institutional development. There was a discussion about non-conforming situations with residential buildings in the district. This was determined to be unrelated to the amendment language as the language was just for public utility buildings in the Government district only. A motion was made by Member Shaw that the noted amendment ought to pass. The motion was seconded by Member Perkins. All were in favor of the motion. amk Page 2 | 2 IN CITY COUNCIL JUNE 14,2021 COrd 21-210 Motion made and seconded for First Reading and Referral to Planning Board Meeting of July 6,2021. Passed CITY CLERK IN CITY COUNCIL JULY 12,2021 COrd 21-210 Motion made and seconded for Passage Vote: 7—0 Councilors Voting Yes: Davitt,Fournier,Hawes,Nichols, Okafor, Schaefer,Tremble Councilors Voting No: None Passed CITY CLE