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HomeMy WebLinkAbout2013-08-12 13-269 ORDINANCECOUNCIL ACTION eyZ Date: August 12, 2012 Item No. 13-269 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Prohibiting Quarries in RR&A Parcels and Allowing Quarries as a Conditional Use in UID Parcels Responsible Department: Planning Commentary: This ordinance will amend Chapter 165 of the Land Development Code to prohibit quarries in Rural Residential & Agricultural (RR&A) zones and permit them in Urban Industrial District (UID) zones. At present, quarries and gravel pits are only permitted as conditional uses in RR&A parcels. Over the past several years, the City has had significant growth in residential uses in the RR&A zones which has led to increase concern over the impact of quarries on residential neighborhoods. As a result, the City has proposed to restrict the development of new quarries in the RR&A zones and permit them in UID zones, in recognition that mining activities are more compatible with industrial uses and where residential uses are limited. Based on preliminary investigations, the City believes that there are available outcroppings of ledge, which are necessary for the infrastructure development. This amendment was reviewed and recommended for approval by the Business and Economic Development Committee on July 16, 2013. Manager's Comments: Associated Information: Map of UID with Residential Buffer Budget Approval: Legal Approval: Introduced for Passage x First Reading x Referral to the Planning Board on August 20, 2013 Department Head �( City Manager Finance Director Solicitor 13-269 AUGUST 12, 2013 Assigned to Councilor Nealley � CITY OF BANGOR ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Prohibiting Quarries in RR&A Parcels and Allowing Quarries as a Conditional Use in UID Parcels WHEREAS, quarries are presently a conditional use in Rural Residence and Agricultural parcels; WHEREAS, allowing quarries near residences has led to repeated noise complaints; and WHEREAS, permitting quarries to locate as a conditional use in Urban Industry District parcels instead of Rural Residence and Agricultural District parcels, combined with a setback from residential properties, would decrease the intrusion of quarry and residential uses upon each other, promoting the health, safety, and welfare of the citizens of Bangor; 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 be amended as follows: § 165-96. Urban Industry District (UID). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: M Quarries and gravel pits, provided that they meet the requirements of Article VI. § 165-105. Rural Residence and Agricultural District (RR lit A). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: !7-I•t'lll\^1'Il\••1►'l'1�t�•ll^77.1\•l'l\•\�1•l+li'17+1\�f'�ll\�1�17+1\��1•\•Il\111 \�il�^,•1t-11+.\•4 \�SlR1 Additions are underlined, deletions amuck thFeugh. IN CITY COUNCIL August 12, 2013 First Reading and Referral to Planning Board Meeting Of gust 20, 201,3 001 CITY CEM IN CITY COUNCIL August 26, 2013 Motion made and seconded for Passage Vote: 9 - 0 Councilors Voting Yes: Baldacci, Blanchette, Civello, Gallant, Hawes, Longo, Nealley, Sprague, Durgin Councilors Voting No: None Passe CITY CLykk 13-269 MEMORANDUM DATE: August 21, 2013 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SU133ECT: Amending Land Development Code Chapter 165-105 - Rural Residence &Agricultural District and Chapter 165-96 Urban Industry District Council Ordinance 13-269 Please be advised that the Planning Board at its meeting on August 20, 2013, held a Public Hearing on the above zoning amendment. Planning Officer David Gould provided the Board with an overview of the discussions held at the Business & Economic Development Committee. Due to concerns from nearby residential property owners over the impacts of quarry related noise, dust and activities, the BED Committee explored various regulatory approaches to address those concerns while still allowing quarries as a land use within the City. The initial concept of creating an overlay district within the Rural Residence and Agricultural District provided comfort to property owners adjacent to existing and approved quarries but there was a lingering concern that as the rural district continued to be developed into individual home sites and subdivisions, the conflict of the two uses may arise again. The concept to provide for quarries in the Urban Industry District appeared to have support from the abutting property owners and quarry operators as well. Paul Randall of 1556 Union Street stated that he had a small farm operation and found the impacts of a quarry inconsistent with the intent of the district to preserve the quiet rural atmosphere and to conserve property values. Mr. Randall noted that horses are spooked by blasting activities and he could not keep them in close proximity to a quarry operation. Nancy Kravit of 53 Downing Road indicated that research had shown a link between decreased property values and adjacent quarries. She was in support of the proposed text amendment. She wondered if more consideration should be given to greater setbacks even in industrial districts as there have been some concerns in Southern Maine regarding the impact of quarries on sensitive technology based industries. Maria Mason 1528 Union Street noted that the industrial district is more fitting to the quarry than Rural Residence and Agriculture. 13-269 2 Mr. Randy Gardner (a quarry operator) indicated that he was in support of the proposed amendments. While he had addressed all of the City's requirements before the Planning Board and even a few additional limitations, it still has created an adversarial situation between his quarry operation and the neighbors around it. He did note that the overlay district would likely only temporarily solve the quarry - neighborhood concerns. Planning Board Members asked if the proposed changes in quarries would also restrict other excavations such as gravel and loam; and if the proposed changes would impact earth work related to building construction or the City's leaf composting operation. Planning Officer Gould noted that the section being changed would deal with all quarries, mining and excavations. The language does not separate out rock quarries from gravel pits. The Ordinance would still allow filling and grading in the same zones. Mr. Gould noted that the leaf composting approval granted by the Planning Board was not permitted under the quarries and mining standards. Some members of the Board were concerned that some large rural properties may have gravel deposits and would still like to operate a gravel pit in the RR&A with extensive setbacks from adjacent properties. Some others were concerned that some Urban Industry Districts such as off Bomarc Road may still be in close proximity to residential districts. Mr. Gardner noted that most gravel deposits in Bangor have largely been excavated years ago and within an existing industrial district an abutter would likely anticipate some impacts from industrial activity. Mr. Gardner also stated in his view a gravel extraction has some, but less impacts than a quarry due to the blasting and crushing operations typically not associated with gravel pits. Some Board Members inquired how the amendment would impact existing operations and if they could expand. Mr. Gould noted that in most instances the approvals granted by the Board have a detailed plan as to what is to be excavated and the ordinance provides for a time limit on those approvals. Any operation with a legal conforming permit would be grandfathered to complete the permitted excavation within the time frame provided for in the Land Development Code. The Board voted three in favor and four opposed to recommend the proposed amendment to the City Council for the proposed amendment to the Land Development Code, prohibiting quarries in RR&A and providing for them in UID, as contained in C.O. 13-269.