HomeMy WebLinkAbout2008-07-28 08-250 ORDINANCEItem No, 08 250
Date: July 28, 2008
Item/Subject: Ordinance, Amending land Development ODde —Chapter 185, Section 165-13 De lyddon
of Open Space Parcel and Chapter 165-70.2 Open Space parcel
Responsible Department: Planning Dimon
This amendment to the Land Devebpment Code will clarify that parcels to be Preserved as permanent open
space need not meet the development standards (road frontage, lot width, minimum lot sin etc.) that are
required of lots to be developed. The amendmentalm sets up a methodologyfor lotsm be accepted asopen
space even g they are not part of a subdivision.
/s/ lames D. Rina
Department Head
Legal Approval:
Finance Director
_ Passage
i First Reading Page L of
X Refertal to Planning Board Meeting of August 5, 2008 g 7 p.m.
City Manager
Associated lnfamm/ratlon:
c0go !(
Legal Approval:
Finance Director
_ Passage
i First Reading Page L of
X Refertal to Planning Board Meeting of August 5, 2008 g 7 p.m.
08 250
�eJ Assigned Co Cowm¢lor Crat k July 28, 2008
CITY OF BANGOR
(TITLE.) Ordinance, Amending Land Development Code — Chapter 165, Section 165-13 -- Definition of
Open Space Parcel -- and Chapter 165-70.2 — Open Space Parcel
B &"ainewf by the Cl9' MBanDor, as fp/bwr.
THAT the Land Development Code Section 165-13 and Section 16570.2 be amended by adding the
following:
§ 165-13. DeflnKlons.
For me purpose of Interpreting this chapter, the following terms, phrases, words, and their derivations
shall have the meanings given herein:
(1) Ea MnSistent�ffidp the Comprehensive Plan of tre Citv of ganger
(2) ��i�entwi��OonSw�Planof�atvof8anoor,
use of Une open seance, and
as 250
(4) P�idef�2o�ormm�leoromwinUonsWMm�ibWfwa�w�w
Applicant
(2) U"nfly available published data
on $iQl2floilt Egn%m
feaWres such as,
(a) Tonography.
(b) Wedands.
(c) SArearns.
(a) Soils mawing,
(1) Wildlife .,.
open s�e.
;-
.'Manning Offl� within 120 .
STATEMENT OF FAM AddWons am
undertined .
IN CITY COMM
Jury 28, 2008.
First Rena" ani Referred to
# 08-250 ,
tle Flaming Smrd
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Chtpter ]O5; 52.x1.7 ]65aad -Def oixiou -
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aParcel at
Open Space
IS CITY COUNCIL
August il, 2008
or1On Mede avd Seconded
for Pansage
CouncilA
Councilors. paring Tea: Rlnuahexre
vrrica, Craxvilar
Ani�¢db Caoxe9ar
and wheeler
H Stone a
Name Palmer.e,
Couvcilore Vo[iug Do: Nom
Voting N
Yea
MEMORANDUM
DATE: August 6,2008
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBOECT: Amending Land Development Cade
Chapter 165-13, and 165-70.2
Council Ordinance 08-250
Please be advised that the Planning Board at its regularly scheduled
meeting on August 5, 2008 held a Public Hearing on the above Land
Development Code Amendment.
Planning Officer Gould indicated that the proposed language was
developed to clarify the existing practice of not requiring open spaces to meet
the development standards of the zone in which they are located. The
amendment would exclude the specific requirements of road frontage, lot width,
and minimum lot area for parcels intended to not be developed but meet open
space objectives. Mr. Gould noted the language was written so as to apply to
open spaces when part of a subdlvismn and when an open space may be
designated outside of a subdivision.
Lucy Quimby of 1230 Kenduskeag Avenue, member of the Penjajawoc
Marsh Bangor Mall Management Commission and Bangor Land Trust indicated
that the Marsh Mall Commission had been a supporter of this language and
thanked the Planning Board for their work in getting It to this final step. There
were no proponents or opponents to the proposed Land Development Code
amendment.
Mr. Rosenblatt noted that during the Board's preliminary review of this
amendment language had been Included to clarify that the open space parcel
definition would include parcels in approved subdivisions and those not within
approved subdivisions.
Planning Officer Gould noted upon review that Mr. Rosenblatt was correct
and apparently with multiple versions of this amendment in circulation the
corrected definition did not get printed. Mr. Gould noted if the Planning Board
saw fit to recommend the bulk of this amendment in Section 165- 70.2 Staff
would do a follow up amendment to get the definition updated to the preferred
choice.
Member Theeman indicated he was absent during most of the discussion
on these amendments and would abstain from voting.
The Board voted six in favor and one abstained to recommend the
Ordinance Amendment (08-250).