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HomeMy WebLinkAbout2015-04-13 15-138 ORDINANCECOUNCIL ACTION Item No. 15-138 APRIL 13, 2015 Date: April 13, 2015 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development, of the Code of the City of Bangor, By Defining and Regulating Landscaping as a Use in the Rural Residence and Agricultural (RR & A) District Responsible Department: Legal Commentary: This ordinance amendment would define and regulate landscaping service businesses as a use in the Rural Residence and Agricultural District. The Rural Residence and Agricultural District (RR&A) has a history of sometimes uneasy coexistence between residential homes and some of the more intensive agricultural and related commercial uses which are allowed such as farming, agricultural, kennels, veterinary facilities, places of worship, and home occupations. The City has traditionally included landscaping businesses under the umbrella of agricultural uses in the RR&A District. Recent concerns have been raised about the impact of such businesses and their proximity to residential properties. At the Council's direction, staff held two meetings with interested residents and community members to discuss these concerns and provide feedback on potential ordinance changes. Based on those discussions the proposed ordinance amendments were drafted. If approved, the attached ordinance is intended to address these concerns by providing a definition of landscaping, inclusion of setbacks and buffers, and including some parking requirements. Landscape businesses currently operating legally within the district will be grandfathered. Manager's Comments: Associated Information: Ordinance Budget Approval: Legal Approval: Introduced for Passage x First Reading x Referral to BED and the Planning Board on April 21, 2015 Department Head Finance Director City Solicitor OWN\;{� O 1 44 �o . 01.0 E Assigned 4E Assigned to Councilor NEALLEY CI`T'Y OF BANGOR 15-138 APRIL 13, 2015 (TITLE.) Ordinance, Amending Chapter 165, Land Development, or the Code of the City of Bangor, By Defining and Regulating Landscaping as a Use in the Rural Residence and Agricultural (RR & A) District WHEREAS, landscaping service businesses have traditionally been considered as an agricultural use in the Rural Residence and Agricultural District (RR&A); WHEREAS, concerns have been raised regarding the proximity of such businesses to residences in the RR&A District; and WHEREAS, the needs of landscaping businesses must be balanced with the concerns of residential property owners; NOW, THEREFORE, BE FT ORDERED BY THE Cil ° COUNCIL OF THE CM OF BANGOR AS FOLLOWS: That Chapter 165, Land Development of the Code of the City of Bangor be amended as follows: § 165-13. Definitions. For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: LAND,KAPING SERVICES Onsite and offsite business activities related to planting,bed preRaration, installation of landscape materials and care and upkeep of the landscape after such installation Landscaping services include: A. Planting, care of, pnd replacement of plants; B. Production of plants, trees, and shrubs to be installed; C. dowing, irrigation, rolling and reseeding of lawns; R. Pruning of cultivation of soil around and winterization of trees ands rubs; E. Raking of love F. The application of and storage of fertilizers, pesticides,, herbicides,,and disease control agents b a licensed eon: 15-138 APRIL 13, 2015 G. Construction n maintenance pof fl wer beds, Mt_aining walls tion fountains. of basins, and similar landscape features: and H. Incidental repair of walls and Raved surfaces. I. The storage of materials and equipment related to rforman -of landscaping; J. The temporary storage of trees, shrubs, plants and hardscaging materials pending installation in an gxisting landscape plan: § 165-72. Required number of spaces. A minimum number of off-street parking spaces shall be provided and maintained by the owner of every building or property hereafter erected, altered or changed in use, in accordance with the following requirements: V. Landscaping services business:. ones ace for each 11/2 em io eesplus customer parking to meet needs of specific operations. § 165-105. Rural Residence and Agricultural District (RR & A). A. Statement of purpose. The Rural Residence and Agricultural District is established to preserve in agricultural use lands where urban development is generally not feasible beacuase of the absense of public utilities and community facilities. As these utilities and facilities become available within the urban development boundary and a demand for urban land use develops, a change of zoning from agricultural to other districts may be made. Minimum lot sizes in this district are also intended to preserve the quiet, rural atmosphere and to conserve property values. B. Basic requirements. Buildings or land used or occupied and builings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XD( of this chapter. C. Permitted uses. The following uses are permitted in this district: (1) Agriculture. (2) The sale of farm, nursery, dairy or poultry products within a structure having a gross floor area of not more than 500 square feet. (3) Sale of farm products where: 15-138 APRIL 13, 2015 (a) The retail area shall not exceed 2,500 square feet. (b) The property is located on a major arterial street. (c) The property is a working farm. (4) One -family dwellings and one -family detached manufactured housing units. (5) Home occupation or profession (subject to the requirements of Article IV). (6) Municipal uses. (7) Public utility and public service uses. (8) Community living arrangement:., in accordance with 30-A M.R.S.A. § 4357-A, as may be amended. (9) Cluster subdivision for detached single-family dwellings, provided that: (a) Such project has a minimum of five acres. (b) Provision is made for the maintenance in perpetuity of open space areas in such a project. (c) Such project receives approval under Article XVI of this chapter. (10) Cellular telecommunication towers, provided that: (a) They do not exceed 195 feet in height, or the minimum height required under federal law, whichever is greater. (b) They are set back from property lines a minimum of 100% of the tower height. (c) They conform to the requirements of § 165-80.1. (11) Bed -and -breakfasts, provided that: (a) Meals provided are limited to patrons and their guests. (b) It is limited to a maximum of 10 guest rooms. (c) It provides, at a minimum an A Buffer Yard or an equivalent of existing woody vegetation to buffer neighboring properties. (d) The applicant demonstrates compliance with the State Plumbing Code for the proposed number of units. 15-138 APRIL 13, 2015 (12) Landscaping services, provided that: Facilities, equi ent storage ares are located t least 150 feet from any residential building on another Qarcel. Ub At minimum. an A guff&r Ward or aa gguivalent amount of existing woody vggetation is provided to buffer neighboring 'es. Wherever f cili ' s ui ment storage, or opgration of the landscal2ing servi gs bgsinegg take glace within 50 feet of a property line. a C Buffer Yard or an equivalent amount of existing woody veaetation to buffer neiahborina properties must e provided instead. ,Uc The Code Enforcement Officer shall mail notice of a pending application for a building permit or certificate of occupancy for a landscaping services use via first-class mail to abutting roeowners within seven day5 of receipt of such giRplication. For the purRose of this section, propeM owners shall be considered to be the parties listed by the Assessing Department of the City of Bangor as those against whom taxes are assessed. Failure of any property owner to receive notice shall not invalidate aLiy action of the Code Enfor em nt Officer or other Qy official ora enc . ( Notwithstanding § 165-10(B)(2)of this Code, the Code Enforcement Officer may take up to 20 days to approve, deny, or refer to the Planning Board a building rmit aRl2lication for a landscaping rvices use. Notwithstanding 165-10(C)f2) of this Code, the Code Enforcement Officer may take up to 20 days after application for a LerMficate of occupancy to issue the certificate of occupancy for a landscaping services use, provided that he/she determines that the gLqgton or alteration has been construgLed in accordance with this chapter and the Building Code of the City of Bangor. (13) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. Additions are underlined f deletions struck thFet . IN CITY COUNCIL APRIL 13, 2015 FIRST READING AND REFERRAL TO DEVELOPMENT COMMITTEE AND THE APRI 21, 2015 CITY CLERK IN CITY COUNCIL APRIL 27, 2015 THE BUSINESS AND ECONOMIC PLANNING BOARD MEETINGS ON MOTION MADE AND SECONDED FOR PASSAGE MOTION MADE AND SECONDED TO POSTPONE MOTION TO POSTPONE WITHDRAWN MOTION MADE AND SECONDED TO POSTPONE TO JUNE 8, 2015 MOTION DOUBTED JAMES GALLANT, ED BEAROR AND KEN HUHN SPOKE IN FAVOR OF THE POSTPONEMENT. DOUG DAMON SPOKE AGAINST POSTPONING. VOTE: 5-4 COUNCILORS VOTING YES: BALDACCI, BLANCHETTE, FAIRCLOTH, GRAHAM, SPRAGUE COUNCILORS VOTING NO: CIVIELLO, NEALLEY, PLOURDE, DURGIN MOTION TO POSTPONE TO JUNE 8, 2015 PASSED % CITY CLERK IN CITY COUNCIL JUNE 8, 2015 MOTION MADE AND SECONDED TO POSTPONE INDEFINITELY PASSED ,�/% ► j CITY CLERK 15-138 APRIL 13, 2015 MEMORANDUM DATE: April 22, 2015 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Chapter 13 Definitions, Chapter 165-72 Parking, and Chapter 165-105 Rural Residence and Agricultural District. Council Ordinance 15-138 Please be advised that the Planning Board at its meeting on April 21, 2015, held a Public Hearing on the above Zoning Amendment to include Landscaping Services as a permitted use in the Rural Residence and Agricultural District. Chairman Bolin opened the Public hearing and Assistant City Solicitor Paul Nicklas provided the Board with an overview of the proposed amendment. The amendment seeks to clarify landscape services as a permitted use in the RR&A District. For many years the Code Enforcement Office has viewed landscaping service (mowing, planting, maintenance and care of plants) as an agricultural use in the RR&A District. The amendment seeks to better define that use and provide some basic development guidelines to insure its compatibility with other uses in the district. Member Mallar asked why such a business would not be required to be located on a Major Arterial Street as retailing of agricultural products is required to be. Planning Officer Gould noted the intent of the landscaping service use is that it is a service business not a retail business. Mr. Mallar figured it would be difficult to track which materials would be delivered off-site versus those sold on-site. Chairman Bolin asked if there were anyone present who wished to speak in favor of or in opposition to the proposed amendment. Mr. Ed Bearor of Rudman & Winchell indicated he represented Michael and Lori Edwards, Carolyn LaRochelle, and Mary Tedesco Schneck who are contesting the Certificate of Occupancy for a use deemed agricultural by the City's Code Enforcement Officer. 2 Mr. Bearor indicated most of the activity does not take place on the site but elsewhere. What occurs at the site in the RR&A District is the storage and maintenance of equipment used to undertake certain landscape services elsewhere. Mary Tedesco Schneck who resides on Ohio Street indicated she has watched the adjacent residential property transform into a larger gravel storage area where workers gather every day and go off to job sites and return in the evening with equipment to be repaired. Chairman Bolin indicated he was not aware of the ongoing dispute or litigation but did not think the Board should be concerned with anything other than the amendment before them. Member Kenney indicated there are a number of elements in this amendment which impact uses in the district and how they are reviewed. He was concerned that without further information the Board would not be able to make a sound recommendation of the amendment before them. The Board discussed impacts of the amendment on pending litigation and other operating "agricultural uses" and whether they would be grandfathered nonconformities. The Board discussed the option of continuing their discussion but concluded additional time may not provide answers to some of these questions. It was noted that the language of the amendment is what was advertised and printed. The Board and the City Council will have to take action on what's before them even if they conclude an alternative set of standards. Member Boothby moved to recommend amending Zoning Ordinance Chapter 13 Definitions, Chapter 165-72 Parking, and Chapter 165-105 Rural Residence and Agricultural District as contained in Council Ordinance 15-138. The Board voted one in favor and six opposed.