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HomeMy WebLinkAbout2007-06-25 07-231 ORDINANCEMen No, 07 23 Date: lune 25, 2007 Item/Subject Ordinance, Antendirg Land Development Code— Chapter 165, Section 37 — Principal and Accessory Structures — Setbacks for Public Recreational Trails Responsible Department: Planning Division Commentary: For Referral to planning hoard Meeting of Tuesday, July 3, 20070 7:00 p.m. This amendment to Ne land Development Code would allow reduced setbacks for Public Recreational Trails in Shoreland Zoned areas. 151 James D. Ron Department Head This change is necessary to support the Citys efforts to extend and develop a citywide trail system. In particular, it is necessary to allow some planned improvements on the existing Kenduskeng Stream trail just out of town from the Harlow Street Bridge. Riifr� jv 7Nf 3"'ffk�4Wd JR al4JfrJTno City Manager Associated Information: Bridget Approval nnaree Director Legal Approval: II/✓/City Sdmc Introduce for Passage • First Reading page i ofL X Referral to Planning Board! Meeting of July 3, 2007 07 231 Aesivgea to Councilor cratrlct June 25. 2007 CITY OF BANGOR (TITLE.) Ordinance, Amending land Development Code —Chapter 165, Section 37 — Principal and Accessory Structures— Setbacks for Public Recreabonal Trails Be it oNalmN by the Ory 0?`&nW,, as falba THAT Section 165-37, Prindpal and accessory structures, be amended as follows: § 165-37. Principal and accessary structures. A. Setback. [Amended 2-27-1995 by Onl. No. 95-106] (1) All new principal and accessory structures shall be set back at least 75 feet from the normal high- water line of any water bodies or tdWtary streams, except in the Downtown Development District and In the Waterfront Development District, where the setback from the normal high-water line shall be at least 25 feet. (2) All new principal and accessory structures shall be set back at least 75 feet from the upland edge of a freshwater wetland, regardless of whether the let adjacent to the freshwater wetland is served by public water and sewer. [Amended 12-27.2000 by Ord. No. 0162] (3) The water body or wetland setback p roosion shall apply neither W structures which require direct access to the water as an operationat necessity, such as piers, docks and retaining walls, nor to other functionally water-dependend uses. (44) The setback for Public recreational trails Heated W rusn-incturized vehiclo, such as traitsr hursendAing. 51kiing,and snowshoeing, and related accesic" structures shall reduced W 25 feet from a waterbody where the applicant n denrombatez a. adequate sedimentation moved measures will b, no unreasonable adverse impact on the waterbody will be created. and c. the Public has a local red to use the trail. STATEMENT OF FACE: Adddiores are ypderfined Jose 25. 2007 pir/s�teeadin8 and Referred to�gha Planing Boord CITY CLBHH IB CITY COBXCIL July 9, 2007 Motion Xaade and Satonded for Passage voce: 9-0 Councilors votia8 Yee: Alleu, Blanchette. B'Enico, Parriagtea, Grateiek, Greene, Ma¢ee, Palne4 E Stone Cowcilors voting Mo: Move Pass" If elm CIJOLE to 07-231 O HO I H A B CE (TME AmnnAlno lard n",lomnni Code - cl apter 165, Sectfaa 37- Principal and CntbnA fnr P blIc Hecreatiaval lkials A,dgaed to Cooaogs,. fW-alftlL MEMORANDUM DATE: July 5, 2007 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code Chapter 165-37 Trails setback Council Ordinance 07-231 Please be advised that the Planning Board at its regularly scheduled meeting on July 3, 2007 held a Public Hearing on the above land Development Code Amendment David Gould, Planning Officer gave a brief overview of the proposed change. Mr. Could noted the language was intended to allow some additional flexibility in locating public recreational trails near protected resources that are covered by Shoreland Zoning. The existing Shoreland Setback Is seventy-five feet for any man-made "structure." The new language would allow for a twenty -Ove foot setback for "public trails." There were no proponents or opponents who spoke. Mr. Rosenblatt inquired If the language that limited use to non -motorized vehicles was clear that it would allow the same flexibility to pedestrian hikers and others who were not vehicles at all. The Board inquired if the language was generated in response to a specific project that had been built or was imminent. Mr. Gould noted the concern was raised by the Kenduskeag "Gateway Project" that the Board had reviewed during the grant application process a few years back A good deal of the concern lies in how a person defines structure relative to trails, versus sidewalks verses roadways and the amount of construction involved. The Board indicated it was comfortable with the proposed language and voted unanimously to recommend to the City Council that it adopt the Proposed change.