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:
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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.
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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