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HomeMy WebLinkAbout2014-03-24 14-120 ORDINANCECOUNCIL ACTION Item No. 14-120 Date: March 24, 2014 Item/Subject: Ordinance Amending Chapter 165, Land Development, of the Code of the City of Bangor — Section 165-95 — Airport Development District Commentary: The proposed amendment would allow public nonprofit schools as a permitted use in the Airport Development District. This amendment will facilitate the School Department's interest in reusing an existing building off Maine Avenue in the Airport Development District. /sl Tanya L. Emery Department Head Manager's Comments: For referral to Planning Board Meeting of April 1, 2014, 7:00 p.m. City Manager Associated Information: Budget Approval: Finance Director Legal Approval: Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of April 1, 2014, 7:00 p.m. 14-120 MARCH 24, 2014 Assigned to Councilor Blanchette �pF BqN CITY OF BANGOR 0� To �RgEB�fEr (TITLE.) Ordinance, Amending Chapter 165, Land Development, of the Code of the City of Bangor - Section 165-95 - Airport Development District (ADD) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, Chapter 165 of the Code of the City of Bangor be amended as follows: 165-95 Airport Development District (ADD) A Statement of purpose. The Airport Development District is established to accommodate those uses which, because of locational requirements or operational characteristics, are appropriate to locate at or in close proximity to an airport. This zone is for aviation uses as well as certain manufacturing, retail and service uses which generally would be considered compatible with an airport complex. The Airport District is not designed to include those uses which would be seriously affected by adverse noise and hazard factors inherent in an airport operation. B. Basic requirements. Buildings or land used or occupied and buildings 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 XIX of this chapter. C. Permitted uses. The following uses are permitted in this district: (1) thru (9) Unchanged. (10) Public or nonprofit schools (101) 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. 14-120 MARCH 24, 2014 (14b Accessory uses on the same lot and customarily incidental to and subordinate to the above uses. D. Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited. Deletions by strikeout additions by underlined. IN CITY COUNCIL March 24, 2014 First Reading and Referral to Planning ,Bold Meeting o April 1, 2014 CITY ERR IN CITY COUNCIL April 14, 2014 Motion made and seconded for Passage Vote: 9-0 Councilors Voting Yes: Baldacci, Blanchette, Civiello, Durgin,Gallant, Graham, Nealley, Plourde, Sprague CITY CLERK 14-120 APRIL 14, 2014 MEMORANDUM DATE: April 2, 2014 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code Chapter 165-95 Airport Development District, Council Ordinance 14-120 Please be advised that the Planning Board at its meeting on April 1, 2014, held a Public Hearing on the above zoning amendment. Planning Officer David Gould reviewed the history of the Airport Development District and the reason for the proposed additional public school use. The District is primarily intended for aviation uses and facilities that are related to the operation of the airport. In addition, areas referred to as "peripheral lands" contain buildings and uses that find economic value in being located near the airport. As such, the City owns numerous properties and buildings which it looks to lease or sell for private development. The Bangor School Department approached the City about an existing building for their use. The building is not currently occupied and the district would need to be amended to allow for such a use. There were no other proponents or opponents. The Board discussed the pros and cons of having educational facilities in close proximity to the airport and the potential for other adverse impacts. Board Members noted that there were other educational facilities in close proximity to Maine Avenue such as the Challenge Learning Center and Parkside Learning Center. Planning Officer Gould noted that the school department had approached the City with a desire to look into the use of the airport property for educational uses. The Board voted unanimously to recommend the proposed text amendment to the City Council - Land Development Code Chapter 165-95, as contained in Council Ordinance #14-120.