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HomeMy WebLinkAbout2009-12-28 10-040 ORDINANCECOUNCIL ACTION Item No. Q 040 Date: December 28, 2009 Item/Subject: Ordinance, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Expanding Exemptions for Auxiliary Public Utility Structures Responsible Department: Engineering Commentary: The attached Ordinance Amendment provides certain expanded exemptions for Auxiliary Public Utility Structures, including an increase in floor area. Some such structures must be located in close proximity to utilities they support, often within or very close to the public right-of-way. Additionally, normal screening requirements could interfere with the function or security of auxiliary public structures. The recommended revisions would address these issues. Department Manager's Comments: A ;� . � ���X d f� � i n j��' �„d � ©, cy'r�j� �G,Er �f�naryc f�I ✓F'n�Y�'R1� '` i �j6I /'dc t�% h%�1YfinY►r fC�9C�s"/f✓�l�l� iI G�sr` City Manager Associated Information: �fG�'j�1'lC Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for Passage x First Reading Page _ of _ x Referral to Infrastructure at 5pm on 1/5/10, and Planninq Board at 7pm on 1/5/10 A 040 +pF 64 M0 S.^ '111 ";.. Assigned to Councilor - Wheeler December 28, 2009 CITY OF BANGOR - o'E A4TE0, (TITLE.) Ordinance, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor by Expanding Exemptions for Auxiliary Public Utility Structures WHEREAS, auxiliary public utility structures are required in order to provide utility services to residents and businesses; and WHEREAS, these structures are often best located near streets or otherwise in places where structures are typically not allowed in our Land Development Code; and WHEREAS, said structures are small in size and, where practical, can be screened from view; and WHEREAS, in certain areas of the City, placing these structures in compliance with existing standards in the Land Development Code is very difficult or inappropriate; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT Section 165-13 and 165-30 of the Code of the City of Bangor be amended as follows: § 165-13. Definitions. AUXILIARY PUBLIC UTILITY STRUCTURE -- A structure, not to exceed 209 300 square feet in gross floor area or 16 feet in height, operated by a public utility, including but not limited to pumping stations, pad -mounted transformers, electronic switching equipment and satellite dishes. Such utility structures are to be unoccupied except for required maintenance. § 165-30. Auxiliary public utility structures. Notwithstanding the requirements of this chapter, auxiliary public utility structures, as defined, shall be exempted from the lot area, coverage, width, se back and frontage requirements of the zone in which they are located, provided that such structures shall be screened from a public or private street, unless in the iudament of the Code Enforcement Officer or his designee such screeninq would negatively impact the public's health, safety, or welfare, and from any residential district. These structures shall be exempt from Planning Board approval, but shall meet all aDDlicable buildina_code requirements, including having all required permits. IN CITY COUNCIL December 28, 2009 First Reading & Referral to Committee Meeting of 1/5/10 the lanning Board Meeting ITY CLERK IN CITY COUNCIL January 11, 2010 Motion 'Made and Seconded to Postpone Indefinitely CITY CLERK Infrastructure at 5pm and f 1/5/10 at 7pm # 10-040 ORDINANCE (TITLE,) Amending Chapter 165, Land DevelOyment Code, of the Code of the City of Bangor, by Expanding Exemptions for A„Yiliary lie Utility Structures Assigned to Councilor MEMORANDUM DATE: January 6, 2010 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code 165-13 and 165- 30 Auxiliary Public Utility Structures -Council Ordinance 10-040 Please be advised that the Planning Board at its regularly scheduled meeting on January 5, 2010 held a public hearing on the above Land Development Code Amendment. City Engineer Jim Ring explained the history of the provisions for Auxiliary Public Utility Structures, how they are defined, and the present proposal to add additional flexibility to their siting and processing. Mr. Ring illustrated an example of a sewer pump station that was located off Perry Road. Due to the increased sewer flows and need to upgrade the pump station a larger building would need to be constructed. Given its proximity to the right-of-way typical setbacks of the Industry and Service District could not be met and the expanded structure would exceed the current 200 square foot limitation. There were no proponents or opponents from the public in attendance. Planning Board Members were concerned that the provision to exempt these structures throughout the City from site plan review would eliminate the abutter notification process that occurs as part of the Planning Board review process. The Board generally agreed that the proposed flexibility was warranted in the Perry Road pump station example but were concerned that other support facilities that may be located in residential districts could occur without notification to abutters. Planning Officer David Gould noted that the parameters of the existing standards were designed around the needs of New England Telephone's switching huts back in the 1980's. More recently, the Perry Road pump station has caused Staff to take another look at the provisions to see if it was reasonable to extend them to cover this slightly larger project. The facilities are fairly small, unoccupied structures which generate few traffic trips and would in most instances not warrant much review. The Board members indicated they had few concerns with installations in industrial or commercial areas but such facilities while small, could generate noise or other concerns that abutting neighbors would want to weigh in on. The Board discussed potential changes to the proposed language that would fit the needs of the Perry Road example and not open the door to other installations where the impacts might be adverse to the abutting properties. As was noted, the Planning Board needs to make a recommendation on the amendment before it and the concerns of the Board would be forwarded on to the City Council with that recommendation. The Planning Board voted 1 in favor and six opposed to recommend the proposed amendment to the definition and changes to Auxiliary Public Utility Structures language as contained in C.O. 10- 040.