HomeMy WebLinkAbout2015-05-11 15-162 ORDINANCECOUNCIL ACTION
Item No. 15-162
Date: May 11, 2015
Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code
of the City of Bangor, By Extending the Deadline for Quarries to Operate in the
Rural Residence and Agricultural District
Responsible Department: Legal
Commentary:
This Ordinance would allow for continued operation of quarries in the Rural Residence and
Agricultural District until November 30, 2015, at which time permits for any remaining quarries
in that District would expire and would not be renewed.
Since August 2013, quarries have not been allowed to locate in residential areas in the City of
Bangor. The sole remaining quarry in a residential district in the City is located in a Rural
Residence and Agricultural District parcel. With the quarry operator's consent, an ordinance was
passed in June of 2014 requiring the quarry to cease operations by June 30, 2015. The quarry
operator has now requested an extension of that time until November 30, 2015, as demand for
rock has not been as strong as previously anticipated.
Department Head
Manager's Comments:
rL
City Manager
Associated Information: Ordinance
Budget Approval:
Finance Director
Legal Approval:
City So
Introduced for
Passage
x First Reading
x Referral to BED and the Planning Board on May 19, 2015
15-162
MAY 11, 2015
Assigned to Councilor Faircloth
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CI`T'Y OF BANGOR
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ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor,
By Extending the Deadline for Quarries to Operate in the Rural Residence and
Agricultural District
WHEREAS, on or about June 9, 2014, the Land Development Code was amended to cause any
certificate of occupancy or permit for a quarry in the Rural Residence and Agricultural (RR&A) District
to expire as of June 30, 2015;
WHEREAS, there is at present only one quarry in the RR&A District; and
WHEREAS, the operator of said quarry has requested the deadline for operation of the quarry to be
extended to November 30, 2015;
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:
§ 165-32. Quarries, mining and excavations.
E. Notwithstanding Article III of this chapter, any certificate of occupancy or permit granted for a
quarry, sandpit, or removal of sand, rock or gravel in a Rural Residence and Agricultural District
parcel shall be deemed to expire on Am November 30, 2015, and shall not be renewed thereafter.
This subsection does not apply to filling, grading, and earthmoving activities permitted under §
165-33, or to excavations of soil and loam permitted under § 165-1051)(1).
Additions are underlined • deletions strue eugh.
IN CITY COUNCIL
MAY 11, 2015
FIRST READING AND REFERRAL TO BUSINESS & ECONOMIC DEVELOPMENT
COMMITTEE AND THE PLANNING BOARD ON MAY 19, 2015
CITY CLERK
IN CITY COUNCIL
MAY 27, 2015
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 8-0
COUNCILORS VOTING YES: BALDACCI, CIVIELLO, FAIRCLOTH, GRAHAM, NEALLEY,,
PLOURDE, SPRAGUE, DURGIN
COUNCILORS VOTING NO: NONE
PASSED
CITY CLERk
15-1�2
MAY 27, 2015
MEMORANDUM
DATE: May 20, 2015
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Land Development Code Chapter 165-32
Quarries, mining and excavations. Council Ordinance 15-
162
Please be advised that the Planning Board at its meeting on May 19, 2015, held a
Public Hearing on the above zoning amendment.
Assistant City Solicitor Paul Nicklas reviewed the history of the City's amendment
to discontinue quarries in the Rural Residence and Agricultural District (RR&A). Last
year the date that was set would allow quarries to operate until June 30, 2015. The
amendment simply would change the date to add additional time to November 30,
2015.
Randy Gardner operator of the existing quarry on Union Street noted that the
amount of snow that fell this past winter made the continued operation of the quarry
very difficult. In addition, the weak economy proved to have less demand for rock
materials.
As no one spoke in opposition, Chairman Bolin closed the Public Hearing and
asked for Staff comments. Planning Officer Gould indicated that the typical zoning
guidelines would allow a permitted quarry to operate until the end of its five-year
permit life. Given the concerns raised by adjacent neighbors the City has altered the
districts in which quarries can operate and have worked with Mr. Gardner to relocate his
quarry operation to a new location in an industrial district. The amendment extends the
deadline in which quarries must stop operation in the RR&A District.
Member Boothby asked whether blasting would continue to occur at the site. Mr.
Gardner noted that he anticipated at least four more blasting events. The Board noted
that Mr. Gardner had been good in dealing with the neighbors openly.
With no abutters in opposition, the Board voted unanimously to recommend the
proposed text amendment to the City Council - Land Development Code Chapter 165-
32, as contained in Council Ordinance #15-162.