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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 S, F g4 0 N'•.` /4�•l : X09 J^ CI`T'Y OF BANGOR 0 TE 0 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.