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HomeMy WebLinkAbout2007-10-10 07-323 ORDINANCECOUNCIL ACTION Item No, 07 323 Dale: October 10, 2007 lawsab*t; Amending Land Development Code — Chapter 165, Section 165-99 — Watertront Development District and Schedule A. Responsible Department: Planning Division Commentary: For Referral to Planning Board Meeting of Tuesday, October 16, 2007, 7:00 p.m This amendment to the Land Development Code amends the Waterfront Development District to restrict the first floor uses within 250 -feet of the Penobscot River. The amendment provides a specific closing 0me for establishments serving alcohol m me public and will provide for accessory ddvein service when treated as a conditional use if certain restrictions are met. /s/ James D. Rina Department Head Associated Information: p.._ p � _ _,� finance Director Legal Approval: City Solicitor Inboduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of October 16, 2007 _ 07-323 (As Amended) �• �� CITY OF BANGOR (rITLBd Ordinance, Amending Land Development Code— Chapter 165, Section 165-94. Waterfront Development District and Schedule A. Be b ordruned by the On, of Bangor, ar foiiows: THAT, Section 165-94 — Waterfront Development District be amended as follows: 18556. WaterNOM Development Dlstrim (Wool A. Stelemi Pladmi Tire W81811i DrAmPnent Ddi a esmMished b provideforthe dyarnk reuse of river and stream fearless areas of Me City In keeping Min anent market mndOkns and wmmuniy objeollves. The range of use in these areas must Include some tradmindd water transportation aceithei nex islon for the Interaction of vai and land-based a0lhPly and canmercal uses sentiment won a reaeatbnal nodded visitor use of the ares, as cell as oppoduniy to use ending building space for office, residential antl other complementary activities. B. Basic requlremeno. Buntlines oriantl used or ontaimmd and buildings or structures erected,constructed, reconstructed, moved err sWclurelNntered, vMsmor Permitted seem orcoMltioml uses, shell compyieth the requirements of this section, the reulmons 0 Chosenthe BanyorCen Moderation res Orchards, vAMem aool'mble Made II Mrough XII and Me spendfic development sti n ucc s of PfUde XIX N Not Garter. C. Pem,ifted uses. The fcllowing uses are demised in this ddalrld:[Amended 12-12-2005 by Ord. Na 06 21; &2&2006 by Ord. No. 06-2261 (1) Any business once or professderel those mcaMOn theflrsiflooe ofam buiM'no 250 fee[from Me mean rich eyes tire a the Penobscot River. (2) Notal, inn, coherence or convention center. (3) EMerminment orrecreationfaaldties to Include museums, Meatas, exposition balls or W besides. (4) Difig arch drinking esariishme (5) Any Melee retell or servke business decade those rebored to under Subsection D below) conducted Mooch building wiM ne goods or deadline disrayed or seared outdoors, except goods or materials of a seasonal reemre displays! far relay and, %do outdoor deMay area limited to 1%d the grass floor area maned to said business vdthin Me Building. but specif lly exGuding sales, leasing or seven G summobdles and older equdpmend or machinery. (6) Residential use extent n the rest Poor IF wer huildirto 250 Beat fidgm the mean Inch ineder lire a the Pemhscot River. (7) Places of vmrship. (8) Passenger intermodal manes and Public service uses. (9) Clinic, medical or and i excootmn Mefrsifloa Ganv bulldnc 250 festfrom he h' M1 II f IM Pembsmt Rivty. (10) Accessary was; on the same lot and cusmmardy incidental to mM subaddnate te the above uses and those permitted as conditional uses in Subseolbn D below. D. Condildorei uses. Sublet to Planning Beard approval under the provdsduns of§ 1858, Me holidaying uses may hat Permitted! in this district pmaMad 12-12.2005 by Ord. No.0651;63&2006 by Ord. No. all (1) Nbgbnrelated commerdal ease. to Maras Bret sales and servke, doasing and service, boat rental, tour boat and fishing serwees aM other aquatic activities requiring squats to the rarer, provided lhaf: (a) Such uses are located wiNin 250 Met of mean high water on Me Patabscot Rieer. (b) Such uses will create no noxious odors w excessive noise More 05 decibels dBA) detectable at the property lire. (c) Sunt uses meat the follwArg she development standards: those for permitted uses in Subsedbn C above, except that an bulking shatl exceed a mexMum height of 35 feet, and accessory use docks, slips, walkways and boel4IwMling equipment may Ib located wiNM 0 Met of mean high states. ----(2)--Rb(ef. inexpense d55 Mat not height, Met that: (a) Such facilityWilrel ice momMen 10 20 fast in Might. mean high water on the Ponobscot Ryer. (b) Such faclllywillMnot more Man 100 feet in MgM. (3) Commercial establishments Mat provide ler waksmen, artisans and them M waft, prepare, package and bell Malt produma, provided Mat (a) The adNtty shah net create obnodow boom or noise levels In someone of65 dM day time (7:00 a.m. to TOO p.m.) or 50 d9A n ime mwwrM d Me pmpeoylIM, M) TIM use shall be limited M 15,000 square feat in floor area. (4) f nclali tloM ant suss rehW sal hutexMtl outhouses servingfood to beverages amended Mat. (a) TMuse ie boated w a major arterial street (b) TM mooery maintains a m'n'mum'C' buffer between ddvein wets larms, order stations and service windoes and Me public street and ad acent orooettleb. (c) Access amens albeit net be locatetl on malor sitarist sheets where Me wooerb, hes acrre mto other Skeets. E. Prohibitaduses.AiryuserosWff IlypermiMinthbsectlonwln ArlldebllihroughXllof Misdbepteris Minnow. TEAT, Section 165 Schedule A - Weterf=rt Devel0p111ent. District ---- -- - - - -]re adrranUed as 9EEachaC - STATEMENT OF FACE: Additions are undermost SchaiWeA ZonmBmbrim M haew ""munum Mulmom Minimum mmtmlm Minimum Minmutt Mlaimtm �imiqn M earum bishicnnghc Area w Wt WidO Fant Side Yard Rear YaN Useable water Flcar (qtr :..(game Co v (Erol) YaN DWtlt Depth Open Slime 5&S Am - @W) Depth (fm) (JeN (guarvw Ratio (EM) Wdwelling umt) Watt tDerelgmmt 65; aapt 35m 10,W0 IN 20 20 "50 2.0 District(pim)_ We Sherelmd 70% 0 pmmitlM uses Z within 250 e ofwem high Wer mark ofthepex e Rive WmterGmt Develcgmmt 35 pO.M 70% IN Q j5 25 _ 50 2.0 DiNict(WDD)- c ditiamluee- Crmmaciel eflaWi entithat - Vrovida@xcea@mmm, mimmm and athas ro an@.ptepere.package and edl thdrprtdmta lotis Wamt@om cmtmt 35 20000 ?n 10J 0 30 2Q _ 50 20 Qwnn(WDD)- ronditimal tree - rvdrive- Swviw somwi 07 323 Assigned to Councilor Blanchette October 10. 2007 CITY OF BANGOR (TITLE.)ordinancea Arnending Land Development Code— Chapter 165, Section 165-94. Waterfront Development District and Schedule A. Be N ordained by the CiO IBannor, mlollom: THAT, Section 165-94 — Waterfront Development District be amended as follows: 165.99. Waterfront Development District (Wool A. Statement OF purpose. The Waterhond Development Dsbid ts esadahed to provide aware dynamic reused river and s0eam frontage areas d Me City In keeping earth mans market candoons are community objectives. The wite of use in mese areas most include some Midland water transportation adlv0les, pmvaen for Me inareclon of water -and land -leaned activity and commercial uses consistent wide a recrealk ny ander visitor use of the area, as well as oppodunhy to use existing building spade for once. residential and other complimentary activittes. B. Basic requirements. Buildings or land used or occupied and buildings or sameness matter, consomme . mnssucaa, moved or sbudurally alone, whether dermmed uses or consisted uses, shall deeply win Me dequiremseentsofthissection, DUE ZI ft Banstor Center Am Ordingroll where applicable. Adlle; 11 through XII and the Motile development standards of AMde XIX dthis chosen. C. Parmlled uses. The followiig uses are permitted 1n Mis district lAmantled 12-12-2006 by Ord, No. O& 21; 038,2006 by Ord. No. 0&21 (1) (2) (3) (4) (5) D Ixlow) conducted within a or materials of a seasonal M floor area devoted to vice of automobiles and (6) Reakental use, extent on the first lot 0 any building 250 feet boom the ended richeater line 0 iM1 Penabsco Wver. (2) Paced of worship. (8) Passenger atermodal facilities add pudic senate uses. (9) Clinic, medical or dental IM1efMlaor ofd bull feetirom toe n Ino of Me Pan abecot Rhrer. (10) Accessary uses on the same et and welcomely incidental to and aubwdiinaa tothe above uses are Mose 67 323 O. Conditional uses. Subject o Planning Brad approval under dh provisbns d§ 16". has fdbMn9 uses may be permuted in this stetted Candidates 12-12-201% by Oro. No. 51&21:6362006 by Ord, No. 662161 (1) Madne-reload commercial uses, o includes boat sales and ss,vica, docking and semkh, boat rental, our Duel and fishing service and other equate activities requiring access to the Mer, provided that: (a) Such uses are boated w In 250 feet of mean high, water an the PenoDecot Rher. (b) Such uses will creak no noxious Were or wargalve Wae(above 65 daclose ties) Uelecoble at Me prop" line. (c) Such uses meet the follaweg site development skndards: those fm permitted uses In Sulsecton C above, except Mal nue building shall exceed a minimum height of35 had, and accessory use docks, slips, walkways and boat handling equipment may be Ixaod vAMM W feat of mean high weer. (2) Iotel, in excess of 65 feet in height Wovitetl met (a) Such kdliy Wit not De lonalbd within 200 feat of mean high vets, on the Penabccnt River. (b) Such fsAiywill be int ms,e than 100 feat in height. (3) Commerdal eskDdshmems that prwbe W veflamen, smears and codes to most, prepare, package and set their products, provided Mal: (a)The adiviy shall net nazle obnoxious Were or noise Iwels h excess of a dM day time (7:00 a.m. o TW p.m.) or 50 dBA nighttime measured Wthe propaM lila. M)Tide use shall be limilad to 15,000 square feet in float area. �fixxs limited proceed In do rated sal excludin II u I (a) The use is located en a mala arni s6eel (b) The proaxi maintains a minimum � tougher thertnew di�n maxwer theres. career stations and service wirdiusus and the heroic asset and W t enmeshes. he) nl the has access o other sdeee. n E. Prohitiod uses. Any use trot specificity permitted in this secdan or in Asicles 11 through %1l of this chapter is Prohibited, THAT, Section 165 Schedule A — Waterfront Development District be amended as attached. STA'fEMENf OF FACT: Additions us unbler'gQ, IB Cin COUNCIL October 10. 2007 First leading and Referred. ko. Plavaiag Board G I IN CIn COUNCIL November 14. 2007 Motion Made and seconded for Passage Notice Made and Seconded to, Ammod by Substitution Passed Motion Made And seconded faF Passage an Amended vete.: 8-D Councilors Voting Yee: D'lrvico Partington, Grateick, Gceeo¢. Hawes. Falser. Stone 6 Wheeler Coumc£uors Voting ]b: None i CowcIIor Absent: Blanchette Passed .08PUfY CI f 07-323 1 (iPPL&l ATeadiug Lard DeaelopvePt Code - ChePter ctxou p t Development District and SCbedule Ar MEMORANDUM DATE: November 7, 2007 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending land Development Code Chapter 165-94 C and D(4) and Schedule A Council Ordinance 07-323 Please be advised that the Planning Board at as regularly scheduled meeting on November 6, 2007 removed C.O. 07-323 from the table for further discussion. Planning Officer Gould provided the Board with an update as to the amendment and Its potential impact on the Hollywood Slots facility. The City Solicitor had indicated, as dmited, the amendment would Impact Hollywood Slots. An amended order was drafted that would remove that language (hours limitation) should the Council wish to proceed with an amended version. In order for the City Council to take this up again there should be some recommendation from the Board eller in favor or opposed. Mr. Gould noted the Board would have to make a recommendation based on the original language. The Board voted unanimously not to recommend the amendment contained in Council Ordinance 07-323. Some members of the Board were concerned that language to allow drive-in businesses in the Waterfront Development District could potentially spread over time and allow an automotive type uses in a pedestrian oriented district.