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HomeMy WebLinkAbout2014-04-14 14-137 ORDINANCECOUNCIL ACTION Item No. 14-137 Date: April 14, 2014 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Eliminating Nonconforming Quarries from Residential Areas Responsible Department: Planning Commentary: This Ordinance would prohibit the continued operation of non -conforming quarries in the rural residence and agricultural districts, effective June 15, 2014. The reason for the change is that many residents expressed concern about the impacts of quarries operations such as noise, blasting, dust and other impacts on the enjoyment of residential properties. The ordinance does allow for less intensive or shorter -term uses, such as filling and grading for construction or removal of soil or loam, would still be allowed. Currently, there is one quarry in operation in the rural residence and agriculture district and a second quarry that has been permitted. According to the owner of the existing quarry, the quarry will run out of material by the end of June, 2015. A second quarry was recently permitted in a Rural Residence and Agricultural District, but the operator of that quarry has worked with the City to relocate that operation to a zone where the use is permitted. Additionally, they have expressed a willingness to give up the rights to mine that quarry should they be successful in establishing the quarry in permitted zone. This item has been reviewed by the Council at numerous meetings and will be referred to the Planning Board for May 20, 2014. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage x First Reading x Referral to the Planning Board Meeting on May 20, 2014 Department Head Ana 64"c'-, City Manager Finance Director Solicitor 14-137 APRIL 1412014 Assigned to Councilor Gallant CITY OF BANGOR - 4 ?7 0r ED. / ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Eliminating Nonconforming Quarries from Residential Areas WHEREAS, since August 2013, quarries have not been allowed to locate in residential areas in the City of Bangor; WHEREAS, at present, there is only one quant' in a residential district in the City, said quant' being located in a Rural Residence and Agricultural District parcel; WHEREAS, according to the owner of that quarry, the quarry will run out of material by June 30, 2015; WHEREAS, another quarry was recently permitted for a Rural Residence and Agricultural District parcel, but the developer of that quant' has agreed to give up all rights to that quarry; and WHEREAS, quarries produce considerable noise, dust, vibration, flying projectiles, and other adverse effects that are potentially injurious to the public health, safety, and welfare, particularly when located in residential areas; 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. Notwithstandina Article III of this Chapter, anTcertiflcate of occuDancv or Dermit aranted 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 June 30, 2015. and shall not be renewed thereafter. This paragraph does not apply to filling. grading. and earthmoving activities permitted under § 165-33, or to excavations of soil and loam permitted under & 165-105(D)(1). Additions are underlined. a� i IN CITY COUNCIL April 14, 2014 First Reading and Referral to Planning oa Meeting of may 20, 2014 y CITYCCERK IN CITY COUNCIL JUNE 9, 2014 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 7-0 COUNCILORS VOTING YES: BALDACCI,BLANCHETTE,GALLANT, GRAHAM NEALLEY, PLOURDE, SPRAGUE COUNCILORS VOTING NO: NONE PASSED CITY CPtRK 14-137 April 14, 2014 MEMORANDUM DATE: June 4, 2014 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code Chapter 16S-32 Quarries, mining and excavations. Council Ordinance 14- 137. Please be advised that the Planning Board at its meeting on June 3, 2014, held a Public Hearing on the above zoning amendment. Assistant City Solicitor Paul Nicklas reviewed the history of quarry regulations and the recent change from Rural Residence & Agricultural (RR&A) to Urban Industry District (UID). Mr. Nicklas noted the intent was to avoid the potential that some other party would step in and utilize the previously granted quarry permit. 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. Some Board Members questioned the need for such an amendment as Mr. Gardner has agreed to give up any quarry permits he holds in RR&A. From a policy perspective some Board Members did not like altering the regulatory framework while someone has vested permits. Mr. Gould noted that in the last 10 years it has become clear that rural farmland in Bangor is not unlimited. Residential subdivisions stretch out to the borders of Glenburn and Orono. While the ordinance change is a major shift in policy, over time it will prove to be the right decision for Bangor. The Board voted four in favor and one opposed to a motion to recommend the proposed text amendment to the City Council - Land Development Code, Chapter 165- 32, as contained in Council Ordinance #14-137.