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HomeMy WebLinkAbout2013-12-09 14-034 ORDINANCECOUNCIL ACTION Item No. 14-034 Date: December 9, 2013 Item/Subject: Ordinance Amending Chapter 165, Land Development, of the Code of the City of Bangor — Section 165-135. Schedule A - Urban Developed Area Standards Commentary: The proposed text amendment is intended to correct existing language contained in a footnote of the Bass Park District when adopted in 2004. Schedule A does not contain standards for ISR (Impervious Surface Ratio) or default bufferyards as does Schedule B. In 2004, when the District was created they were included but did not fit into the Schedule's table so a footnote was added. A recent development project discovered the footnote and the amendment seeks to correct the two standards therein. Manager's Comments: For referral to Planning Board Meeting of December 17, 2013, 7:00 p.m. Associated Information: Budget Approval: Legal Approval: Js/ Tanya L. Emery Department Head TS91hA 0�_ C .. - Finance Director City Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of December 17, 2013, 7:00 pm. ��+of BAHC - .•, 141 .� � 4i�Ep, FEr 14-034 DECEMBER 9, 2013 Assigned to.Councilor Durgin CITY OF BANGOR (TITLE.) Ord l na nce,r Amending Chapter 165, Land Development Code of the City of Bangor — Chapter 165-135, Schedule A — Urban Developed Area Standards Be it ordained by the City Council of the City of Bangor as follows: THAT Section 165-135. Schedule A be amended as attached. IN CITY COUNCIL December 9, 2013 First Reading and Referral to Planning Board Meeting of a tuber 17— CITY CITY CLEIrK IN CITY COUNCIL December 30, 2013 Motion made and seconded for Passage Vote: 8-0 Councilors Voting Yes: Baldacci, Blanchette, Civiello, Durgin, Graham, Nealley, Plourde, Sprague Councilors Voting No: None Paw. CITY CLERK LAND DEVELOPMENT City of Bangor Schedule A Urban Developed Area Article XIII, 165-38 through 165-97 3 Bass Park 14-034 DECEMBER 8, 2013 NOTES: 1 For one and two dwelling units, 9,000 square feet; for three dwelling units, 10,500 square feet; and for four dwelling units, 12,000 square feet. 2 For the first two dwelling units, 6,500 square feet, plus 1,000 square feet for each additional dwelling unit. .......... ,........ . 71- -1 - ............y ...y...... �.... 1 -1-..= .....-...,..... , ... ..... r.,.............. 4 Or the minimum height allowed under federal law, whichever is greater. 5 Minimum buffer yard: Type B, C next to a residential district. 6 Minimum buffer yard: Type B next to a residential district. STATEMENT OF FACT: Deletions are stF ut. 14-034 DECEMBER 8, 2013 Dutton Street Widening A certain lot or parcel of land and the improvements thereon located on the northeast side of Dutton Street and on the northwest side of Main Street in Bangor, County of Penobscot, State of Maine, said parcel being bounded and described as follows: BEGINNING at the intersection of the northeast side of Dutton Street and the northwest side of Main Street; THENCE N56°21' 15"W along said northeast side of Dutton Street forty-one and six hundredths (41.06) feet; THENCE N2003 5'27"E a distance of forty-one and six hundredths (41.06) feet; THENCE S56°2V1 5"E a distance of forty-one and six hundredths (41.06) feet; THENCE S20035'27"W along said northwest side of Main Street forty-one and six hundredths (41.06) feet to THE POINT OF BEGINNING. Encompassing 1,642 square feet. SUBJECT TO an easement described in a deed from the City of Bangor to Bangor Hydro - Electric Company dated August 7, 2008 and recorded in Book 11522, Page 273. Meaning and intending to describe a portion of the land described in a deed from J. Roland Cahill to City of Bangor dated January 2, 1962 and recorded in the Penobscot County Registry of Deeds Book 1820, Page 160. This description was prepared by Shyka, Sheppard & Garster, Land Surveyors, and is based on a plan entitled, 'Boundary & Topographic survey of a Portion of Bass Park" prepared by Shyka, Sheppard and Garster, Land Surveyors, dated October 31, 2013. Bearings reference Grid North, Maine East Zone, NAD83, based on GPS network observations made in August, 2004. Exhibit A - Page 1 of 1 MEMORANDUM DATE: December 18, 2013 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code Chapter 165-135 Schedule A, Council Ordinance 14-034 Please be advised that the Planning Board at its meeting on December 17, 2013, held a Public Hearing on the above zoning amendment. Planning Officer David Gould reviewed the history of the Bass Park District and the reason the two Code standards were contained in a footnote of Schedule A. The intention is to remove the two standards to make Schedule A as it was thought to exist. The recent Banres, LLC rezoning application contains a contract zone standard that deals with Impervious Surface Ratio (ISR) for that parcel. There were no proponents or opponents. The Board discussed the pros and cons of having limited development controls and the potential that elements of future development be incompatible with adjacent projects. Planning Officer Gould noted that most all the land in the Bass Park District is under the ownership of the City which can oversee the development through means other than zoning. The Board voted 6 in favor and 1 opposed to recommend the proposed text amendment to the City Council - Land Development Code Chapter 165-135, Schedule A, as contained in Council Ordinance #14-034.