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HomeMy WebLinkAbout2012-08-12 13-270 ORDINANCECOUNCIL ACTION Item No. 13-270 Date: August 12, 2012 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Ensuring Setbacks Meet State Law and Setting a Minimum Size for Quarries Responsible Department: Planning Commentary: If approved, this ordinance amendment would bring quarry setbacks into alignment with State requirements. Quarries are already required to follow the State standards, so this change will merely reduce any potential confusion from differing standards. The ordinance amendment would also require parcels on which quarries are located to be no less than five acres in size. This would prevent quarries from being located on small lots, discouraging proliferation of these heavy industrial uses in mixed-use neighborhoods. Department Head Manager's Comments: City Manager Associated Information: Budget Approval: Finance Director Legal Approval: Solicitor Introduced for Passage x First Reading x Referral to B&ED Committee on Aug. 19, 2103 and Planning Board on Aug. 20, 2013 13-270 AUGUST 129 2013 Assigned to Councilor Civiello AM X. CITY OF BANGOR 'J'R4tED. f / ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Ensuring Setbacks Meet State Law and Setting a Minimum Size for Quarries WHEREAS, City setbacks for quarries are currently not in alignment with State standards, giving rise to the potential for confusion; and WHEREAS, quarries are presently not restricted in size by City ordinance, potentially allowing quarries to be sited on small lots in mixed-use areas and thereby disturbing the health, safety and welfare of their neighbors; 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: § 165-32. Quarries, mining and excavations. B. No excavation shall be permitted within 20 50 feet of the right-of-way line of an existing or approved street without written permission of the City. except to conform to approximate street grades, nor shall any excavation be permitted within 20100 feet of any property line, exeepte eenferm to the approximate grade of adjaeent prepe except as allowed under 38 § 490-Z(7). Areas within 20100 feet of said lines shall be maintained in a firm condition so that no weakening or undermining of adjacent property, as at the property line, will take place that might prevent the full use of such adjacent property or roadbed. D. No permit for a sandpit. quanM& or for the removal of sand. rock, or gravel shall be granted for a parcel less than five acres in area. Additions are underlineddeletions stmek through. IN CITY COUNCIL August 12, 2013 First Reading and Referral to Business & Economic Development Committee Meeting of August 19, 2013 and P ing Board+" eeting of August 20, 2013 • e CITY CLERK IN CITY COUNCIL AUGUST 26, 2013 Motion made and seconded for Passage Vote: 9 - 0 Councilors Voting Yes: Baldacci, Blanchette, Civiello, Gallant, Hawes, Longo, Nealley, Sprague, Durgin Councilors Voting No: None Passed /CITY CLERK - 13-270 MEMORANDUM DATE: August 21, 2013 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code Chapter 165-32 Quarries, Mining and Excavations Council Ordinance 13-270 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 Business & Economic Development Committee. The suggestion was made that while the City was revising the standards of where quarries would be allowed we ought to look at the setbacks which are significantly less than the DEP standards. In addition, limiting the minimum parcel size will help avoid small subdivision lots being considered as excavation or quarry sites. Nancy Kravit of 53 Downing Road indicated that 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 with the impact of quarries on sensitive technology based industries. She did agree that the State setbacks were a good place to start. Some Board Members asked whether this amendment was linked to the previous one. Mr. Gould noted that after the first amendment was drafted he suggested to the Legal Department (Paul Nicklas) that the setbacks be reviewed at the same time. Because the first amendment had been reviewed by the BED Committee but not the second one, it was drafted as a second amendment. The language will change the standards for quarries, mining and excavations regardless of what zone they are allowed in. The Board voted five in favor and two opposed to recommend approval of the proposed amendment to the City Council for the proposed amendment to the Land Development Code, amending setbacks and minimum lot sizes for quarries and other excavations, as contained in C.O. 13-270.