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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 tleveinoent � nn -Irl l�Ih 1✓��/9 pf�°:IR�t�gni+� /Plannlx/ �� ..d(,; G, _ 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 �G _ �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).