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.