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HomeMy WebLinkAbout2008-12-22 09-027 ORDINANCECOUNCIL ACTION Item No. 09 027 Date: December 22, 2008 Item/Subject: Ordinance, Amending land Development Code, Chapter 165, Section 165-63 --Building Setback on Planned Streets and Interstate Highways Responsible Department: Planning Division Commentary: This amendment is intended to clarify the setback requirements for buildings abutting Interstate highways. In most instances, Interstate highways offer no access to individual properties and have wide Rights of Ways offering substantial setbacks from the paved road surface. Buildings tend to front on public streets with the rear of the building facing the Interstate highway. Given this, the current requirement that front yard setbacks be applied to structures abutting an Interstate is unnecessary. This proposed ordinance will change the setback in such instances to that required for a rear yard. It will not change existing parking and bufferyard requirements. /s/ James D. Ring Department Head Manager's Comments: J -A P5^-0 4 City Manager Associated Information: Budget Approval: Legal Approval: Finance Director Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of January 6, 2009,F7:00 p.m. ()9 02"' +�— Assigned to Councilor Blanchette December 22, 2008 CITY OF BANGOR 0*4 �R4TED,FE r -�► (TITLE.) Ordinance, Amending Land Development Code, Chapter 165, Section 165-63 -- Building Setback on Planned Streets and Interstate Highways Be it ordained by the City of Bangor, as follows.- THAT ollows: THAT the Land Development Code Section 165-63 be amended as follows: 165-63 Building setback on planned streets and Interstate Highways After the street line of a planned future street is placed on the Official Map of the City of Bangor, buildings and other structures thereafter constructed shall be set back from such line as though it were an existing street line, in accordance with the front yard requirements of the applicable zoning district. Properties abutting an Interstate Hiahwav and related access and egress ramp Rights of Way shall maintain the minimum building setback from the Right of Way for Rear Yards based on the Zoning District in which they are located All other development standards including parkins buffers display, and others, shall remain as a Front Yard. STATEMENT OF FACT: Auditions are underlined . IN CITY COUNCIL December 22, 2008 First/;Reading and Referred to tPlanning Board CITY CLERK 'IN CITY COUNCIL January 12, 2009 Motion Made and Seconded for Passage Vote: 8-0 Councilors voting Yes: Blanchette, Bronson, D'Errico, Gratwick 'Hawes, Nealley, Palmer and Wheeler 'Councilors voing No: None Councilor Absent: Stone Passel L'ITY CLERK (TITLE,) Amending Land Development Code, Chapter 165, Section 165-63 Building Setback on Planned Streets and Interstate Highways Assigned to Councilor MEMORANDUM DATE: January7, 2009 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code - Section 165-63 Council Ordinance 09-027 Please be advised that the Planning Board at its regularly scheduled meeting on January 6, 2009 held a Public Hearing on the above Land Development Code Amendment. Planning Officer Gould provided an overview of the proposed Land Development Code Amendment that was developed to allow developments along the Interstate Highway to use a rear yard building setback in lieu of a front yard setback. In many instances buildings front on City Streets and the rear of the property may abut the Interstate. Based on the definitions of streets the Interstate highway is viewed as just another city street and, therefore, a front yard setback is applied. In several zoning districts a rear yard setback would allow the property owner some additional development space while not significantly altering the distance between the paved roadway and a building, as the Interstate rights-of-way tend to be very wide. Several Board Members asked what the difference in the setbacks would be. Mr. Gould noted it varied by zoning district. In some districts the rear yard and front yard are the same; in others it may vary by as much as 20 feet. The average is about 10 -feet. Mr. Theeman inquired about the reasons for not including parking and other standards. Mr. Gould noted that parking and outdoor display is required to be buffered along front yards. If the Interstate were deemed not to be a front yard no buffers would be required for parking lots or vehicle and equipment display areas. The Board voted 5 in favor and none opposed to recommend the proposed language to the City Council.