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HomeMy WebLinkAbout2013-09-23 13-308 ORDINANCECOUNCIL ACTION Item No. -13-308 Date: September 23, 2013 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Providing a Residential Setback for Quarries and Allowing Loam and Soil Harvesting in Rural Residence and Agricultural Parcels Responsible Department: Planning Commentary: This ordinance would amend Chapter 165 of the Land Development Code dealing with quarries by providing for loam harvesting in Rural Residential and Agricultural Districts (RR&A) and Urban Industry District (UID). This past summer, an ordinance amendment prohibited quarries in Rural Residence and Agricultural (RR&A) parcels, and instead allowed them in UID. While the ordinance was passed, there were two additional issued raised. If approved, this ordinance will allow for loam harvesting, which does not involve blasting or sustained activity and is generally less intrusive than blasting and mining. Additionally, the The ordinance amendment would also create a 2500 foot buffer between quarries and residential parcels; this buffer will prevent quarries from locating near properties zoned residential, while not affecting the availability of the UID parcels in the southwest corner of the City for quarries. This buffer was intended to be part of the original amendment this summer, but was inadvertently left off the final document. Department Head Manager's Comments: ManagerCity Associated Information: Map of UID with Residential Buffer Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for Passage x First Reading x Referral to the B&ED Committee and Planning Board on October 15, 2013 13-308 SEPTEMBER 239 2013 ,Assigned to Councilor Gallant ^=� I„f C- ITY OF BANGOR O 1t0 fi �RgtED.fj # �. ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Providing a Residential Setback for Quarries and Allowing Loam and Soil Harvesting in Rural Residence and Agricultural Parcels WHEREAS, quarries are presently a conditional use in Urban Industry District parcels; WHEREAS, providing a setback for quarries 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; and WHEREAS, harvesting of soil and loam is less intrusive than rock quarries and therefore appropriate in Rural Residential and Agricultural parcels; 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: (4) Quarries and gravel pits, provided that they meet the requirements of Article VI and that such a use is located not less than 2500 feet from any residential district boundary line. § 165-105. Rural Residence and Agricultural District (RR & A). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: U1,) Excavations of soil or loam. provided that they meet the requirements of Article VI. (2) Animal pounds, kennels, animal hospitals ... Additions are underlined deletions strath. IN CITY COUNCIL September 23, 2013 First Reading and Referral to Business and Economic Development Committee and Planning Board Meetings of Octo er 15, 2013 CITY RK IN CITY COUNCIL October 16, 2013 Motion made and seconded for Passage Vote: 7-0 Councilors Voting Yes: Baldacci, Civiello, Gallant, Longo, Nealley, Sprague, Durgin Councilors Voting No: None 4— Tvo�--CLERK sIaOaed ain sauoz sai punae jagnq 4 005Z pua6a-1 AINO S3SOddnd ONINNVId NOJ amr RC LL -LZ -9 Powwo buluOZ Jobueo 10 AI!O trover