HomeMy WebLinkAbout2008-07-28 08-251 ORDINANCEDale: July 28, 2008 item No, 08 251
Item/Subject Ordinance, Amending IaIM Development Code —ChapW 165, Section 165-108.2 —
Open Space Reservatlwrs
Responsible Department: Planning Division
This amendment to the Land Development Code will allow for open space "banking,"a means by which a
land owner may set aside open space today and be credited for that open space toward meeting the
requirements of a development in the future. Presently, there is no provlslon for future developments to
meet their open space requirement by preserving land today. This new provision may encourage some land
owners to set aside open space with the understanding that future development would not be at r"sk because
of a prior preservation of open space. As presently proposed, the provision would only apply to the
Penjajawoc Marsh Overlay District. The amendment Is the result of work undertaken by the Planning and
Legal Offices working with the Marsh Mall Co nintzien and the Planning Board to refine the language to Its
present form.
/s/lames D Wing
Department Head
Managees Comments:
As noted, this comes forward at the request of the Marsh/Mall Management Commission and Is Intended
to address situations were property owners phase development on their property or are interested in
setting aside open space today tlut can be used to meet the open space requirement of a future
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ry Manager
Associated Information:L>�l
Budget Approval
Finance Director
des
Passage
=First Reading Page 1 of I
Zf Referral to Planning Board Meeting of August 5, 2008 at 7 p.m.
08 251
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_ �eY •���.^ Assigned to councilor Palmer July M 2008
CITY OF BANGOR
(TITLE.( Ordinance, Amending Land Development Code - Chapter 165, Section 165-108.2 Open Space
Reservations
Be it orclalne0 by me City of&nga,, as lohbv.'
That the Land Development Code Section 165-106.2 be amended by adding the Pollowing:
251
IN CITY COUNCIL
July 28. 2088
First Reading and Referred
^
to the Elawfag Board
�lr�nm`y�ho
ORDINANCE
P P
DRevfx cxxp
Amending-
Chaplet 165. Section Ifi5-lOB.Y Op Space
Cloapt r
IN C= COUNCIL
Hose*aatiaa^
August 11, 2008
Notion Node and Seconded
for Passage
vote. 8-0
CwocvGrs voting see: Manchette.
D'Err co. Farrington. Gratrlck,
Haws, Pa]ner, Stone set
AUIPtd to Coanega�
Roesler
Counc ors Voting No: None
TY CLffi
MEMORANDUM
DATE:
August 6, 2008
TO:
The Honorable City Council
FROM:
David G. Gould, Planning Officer
SUSIECT:
Amending Land Development Code
Chapter 165-108.2
Council Ordinance 08-251
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 allow property owners or developers to set aside open space to
meet future development obligations (open space requirements). A property
owner may want to set aside open space today but retain the ability to count
that open space in a future development. Alternately, a project proposing a
phased development may design the open space for the entire project and get
credit for the open space reserved as the development is built over time.
Presently the Ordinance requires open space with each new application and no
credit is applied to open space that may exceed the requirement.
Member Theeman asked if a property owner could designate open space
and allow his neighbor to use It to meet his open space requirement. Mr. Gould
noted that the language allows credit only to be extended to areas of the
original source parcel at the time of the open space designadon/approval. Mr.
Theeman indicated he was absent during most of the discussion on these
amendments and would abstain from voting again.
The Board voted six in favor and one abstention to recommend the
Ordinance Amendment (08-251).