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
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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.
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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.