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.