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HomeMy WebLinkAbout2015-05-27 15-191 ORDINANCECOUNCIL ACTION Item No. 15-191 Date: May 27, 2015 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development, of the Code of the City of Bangor, By Setting Standards for Amendments to Conditional Uses Responsible Department: Planning Commentary: The proposed ordinance amendment clarifies that a Conditional Use, once approved, cannot change in a way that would alter those elements specifically approved by the Planning Board. Specifically, the language clarifies that architectural details approved by the Board cannot be changed unless reviewed and approved by the Board. Additionally, the proposed language clarifies that the Planning Board will review the traffic if there is a change in peak hours or peak hour trips. It is not uncommon for a drive-in business to change from a bank to a fast food restaurant or a pharmacy to a credit union. /s/ Tanya Emery . Department Head Manager's Comments: For Referral to Planning Board Meeting of Tuesday, June 2, 2015. i City Manager Associated Information: Ordinance Budget Approval: Finance Director Legal Approval: licitor Introduced for Passage x First Reading x Referral to the Planning Board on June 2, 2015 15-191 MAY 27, 2015 Assigned to Councilor Baldacci CITY OF BANGOR ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Setting Standards for Amendments to Conditional Uses WHEREAS, drive-in businesses vary significantly in trip generation and the Land Development Code currently lacks clarity in evaluating such changes; WHEREAS, such changes could have a significant adverse impact on traffic movements and public safety on adjacent streets; WHEREAS, the proposed amendment seeks to establish guidelines for review and approval of changes to drive-in business and other changes to approved Conditional Uses. 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: § 165-9. Conditional uses. The Planning Board is hereby authorized to grant conditional uses hereinafter set forth in this chapter in specific cases, after public notice and hearing, subject to appropriate conditions and safeguards. No conditional uses shall be granted unless specific provisions therefor are made in this chapter. All conditional uses shall be subject to land development permit approval as provided for in Article XVI. C. Changes to Conditional Uses. L1 No change shall be made to a property approved for a conditional use that would cause the roe to fail to comply with the details of the Board's approval under the standards of § 165- 9(A), unless approved by the Planning Board through a review of the changed conditional use. Ua Building details. Changes to building elevations which impact the elements reviewed and approved by the Board may only be approved by the Planning Board. Changes to architectural details not within the scope of � 165-9(A)(4do not require Planning Board approval. Ub Traffic analysis. Changes to trip generation or peak hour of generation do not require Planning Board approval if the following standards are met as determined by the Code Enforcement officer in consultation with the City Engineer: U1 11 The number of trips during the peak hour does not increase. 15-191 MAY 27, 2015 121 The peak hour does not change to a different hour. fj The peak hour does not change from a weekday to a weekend day, or vice versa. U2 Minor revisions. Notwithstanding & 165-9(C)(1), the following changes may be requested as minor revisions pursuant to § 165-116: Changes to site plan elements not within the purview of § 165-9(A) if such changes would otherwise qualify as minor revisions. (jb Traffic analysis. Changes to trip generation if the following standards are met: LI] The number of trips during the peak hour does not increase by more than 50 trips from the most current approval. f2j The peak hour does not change to a different hour. M The peak hour does not change from a weekday to a weekend day, or vice versa. Conditional uses which are discontinued for more than 12 consecutive months are deemed abandoned. Additions are underlined, deletions stfuek thFeuo. IN CITY COUNCIL MAY 27, 2015 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING JQ.NE 2, 2015 CITY CLERK IN CITY COUNCIL JUNE 8, 2015 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: BALDACCI,CIVIELLO, FAIRCLOTH, GRAHAM, NEALLEY, PLOURDE, SPRAGUE, BLANCHETTE COUNCILORS VOTING NO:NONE PASSED CITY CLERIC MEMORANDUM DATE: June 3, 2015 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Chapter 165-9 C - Conditional Uses. Council Ordinance #15-191. Please be advised that the Planning Board at its meeting on June 2, 2015, held a Public Hearing on the above Zoning Amendment to the Conditional Use Standards of Section 165-9 C. Planning Officer Gould noted that the amendment was developed at the request of the Board to provide guidance on Planning Board approved conditional uses which may change over time. In discussions with the Board there was a concern that a low volume drive-thru businesses may be changed to a high volume drive-thru without any further consideration of the traffic impacts by the Board. In working with the City Engineer and legal office, guidelines were established to set standards for when changes in traffic volume or peak hour need to return to the Board. In addition, the language further clarified on other standards that the Board must find in approving the conditional uses. There were no proponents or opponents to the proposed amendment. The Board voted unanimously in favor of a motion to recommend that the City Council adopt the proposed Amendment to the standards for conditional uses as contained in C.O. # 15-191.