The URL can be used to link to this page

Home My WebLink About2007-02-26 07-097 ORDINANCEDale: Febroary26Itmrl No, ,2007 07 097 Mm/Subject: Ordinance, Amending the land Development Code, Chapter 165-13 Definitions; Chapter 165-66 - Zoning District Boundaries; Chapter 165-69 Manned Group Development; Chapter 165-73 — Parking Area location and Screening; Chapter 165-74— Design, Construction, and Maintenance; and Chapter 165-135-D — Buffer yard. Responsible Department Planning CommenOry: For Referral m Planning B09rd Meeting of March M, 2007, 7:00 p.m. This is an amendment to buffer yam requirements in various sections of the Land Development Code. The amendment provides a new set of design standards for buffer yards allowing for the appropriate spacing of plant materials while providing a level of screening appropriate to Me location and size of Project being screened. The amendment includes new guidelines for large commercial pal lots as well as separate standards far smaller commercial developments In the built-up Pomons of one City. Emphasis was placed on improving transition yam buffers and lessening buffers between similar uses. /L lames D. Rina Department Head Managers Commission The Planning Office has been working with a number of local landscape architects for some time on dues¢ revisions. -Tkj.rP��;t .. d �,� 1, rtdAlt+Aln.a.. CfX//1WXLf. ICXwwL`� City Manager Budget Approval: Finance Director legal Approval: city Solicitor introduced for - Passage • NrstReading Page i ofL • Refemal to Planning goal Meeting of March 0, 2007, 7:00 p.m. wddoTwyulv4%-'c9,�+..�u..�:Pw�rdl S'Oop_m. I .. 02/z6/2007 Assigned to Councilor stone 07 097 CITY OF BANGOR all (TITLE.) Ordinance, Amending Me Land Development Code, Chapter 165-13 Definitions; Chapter 165fi6 - ZorflN District Boundaries; Chapter 165.69 Planned Group Deusapment; Chapter 165-73 – Paang Area Location and Screening; Chapter 165-74– Design, Const(uction, and Maintenance; and Chapter 165-135-0–Buller yard He Ittw paned by Me Otyofganyor, a5 folAwC, That Chapter 165, land Development Code be amended as follovirs. § IN -13 Deffnldare YARD, TRANSITIONAL—A yard that must be provided on a Mwhem a more intensive land use is locoed adjacent m a Mer an existing or pennetl use of a less Intensive mature, in Attendance Mh spec chapter onowiions. A lmnsitional yard a providedor side yord spanned far the district in which itis located. § 111I Ionian district bwnadw. Where has side or rear lot line of mat In a Neghborhootl Service District (NWt, Urban Semite District (USD), Airport Development District (ADD), Uman Indusby District (UID), Government And Institutional Senam District, (G It ISD), Shopping and Perecnal Service District (S & PS), Genial Canmermal and Sereca Distict IGC & S) w an mdusby and Servme Deal (I A S) Techmloov&Senate Detrkl lT&SDI same any residential dlsbiaa Resource Protection DsWcA (RP)ina Pah and Open Space Disrict (P Is 0), a transitional yard mill W established in accordance with Me district devNoprient standards, h,o a any taeeeu.hyaml lantl am aoditeblasift ter rearvardbuildinaeatbackshallbem�e W20feat. andatleasta Buffer YardB(as defined in Anne XIX, § 165-13W)vAI be established Age, aoolicaNe sift arrear mndne setieck shall the apvemetl by b]�j3DL1]_ g t66bT. UNCHANGED § 165-06. UNCHANGED § 161 Planned group devsopmem. A planned developmera for any residential or Commends Complex permaeH under tiller provisions afthis chapter shall be considered As one site development panel under the appikxse site dev&opment standards of the zoong distripl in w6bh it lies end for subdivision purposes, regardless of the proposed noMotl of ovmerehg for Me land area, buildings, pardons of buildings, site improvements or ay combima6on thereof, onwided Met A. The plannatl overstatement shall not create Increases In prasoibed ftmdes andfor lid coveraa or recce the required area for yards and aff-street periling Atvat any other site devempment standards applicable the disma B. Any method of ownership for the lend ares, buildings, porlbns of buildings, site Improvements or any mmdnatbn Ugreof shall afford those annulling such ownership interesb aaess to and use s such other Cantons of Me planned development as are necessary for:. (1) Access M sl Common s the planned development tram a public nghlof-way, (2) Anmss to the parking grecs retained under this chapter: ID CITY COUNCIL February 46. 3007 First Reading 6 Referral to Planning Board of 3/30/07 at 7 p.m. 6 Tranapor ation 6 Infrastructure of 3/20/O7X 5 p.m. CLERK IN C1T4 COUNCIL April 9. 3007 Nation Rade and Seconded for Passage Notion Nude and Seconded o Amend to include a Section Regarding Applicabilty, Passed Notion Nade and Seconded for Passage as dammed Bate: g-0 Cooncilor voting Yes: Allen. D'Nrrica, Pacriagton, Gratvick. Greene. Naeea, Palmer S Stove Con ;, lora vatiag No: None Co lois Absent: Blanchette Pw#Bd ITY CL * 07-097 lf'ip'LRJ Code, Chapter 165-13 Definitions; Chapter 165 -66 -Zoning District Boundaries: Chapter 165-69 Planned Croup Development; Chapter 165-73 Parking Area Location and Screening; Chapter 165-74 - e ign t C ruction and Naiutemnce{ and A&WV4A&35 fferYard AMENDED 07-097 CITY OF BANGOR (TITLE.) Ordinance, Amending the land Development Code, Chapter 16513 Definitions; Chapter 165-66 - Zoning District Boundaries; Chapter 165-69 Planned Group Development; Chapter 165-73 - Parldng Area Location and Screening; Chapter 165-]9- Design, Construction, and Maintenance; and Chapter 165-135-D - gutter yard Be ftaVa#xdby Me OfyofEx r; as/oNonr. SECTION 1: That Chapter 165, land Development Code be emended as follows. § 15593 Definitions YARD, TRANSITIONAL—A yEM that must be provided on a IN where a more intensive and use is Iorm en adjacem to either an sanding or planned use of a less intensive nature, in accordance with speodic chapter provisions. Atransitionalyam is providecin iu, finemYears named MerN;Atab @rearorseleyard specified for the district in which it is loomed § 165,88. Zoning dsidd bbundams. Where the side or rear lot line ma los in a Nemhbwhoal Sandi District (NSD), Drawn Service District (USD), Asian Development District (ADD), Urban more" Disbict (UID), Gawmment and Institutional Servlos Olsthct. (G a ISD), Shopping and Personal Service Castro (S 8 PS), General Commercial and Sanwa District (GC 8 S) or an Industry and Service District (l a S) Testimony & Service District fT6SD) mu%arty residential district, a Rasourm Promctlom District me) ora Pan and Coen Space Direct (P 80), a vibrational yard will be eatablshe l in ecoodance whhthe district development mandards. end enveoofmable sudeor r veN huiN4ne sm�ek Snell Minereasetl M20 feet beimemsedth 91e& andatleasta BUXer YardS(es defined in Adics XIX. it 185,1350) will be emotional Am amicable side or rear vermin setrck mail bo oggmed by 6165]3IX11 § lee!]. UNCHANGED $ 185L8. UNCHANGED gl8 Planned group development. A planned development for any residential or commercial complex perm Med under other movslons of Mrs chapter Snell the considered as over site development parcel under the applicable she development mmasrds of Me "IN dead In which It lies and ip sundssion purpsos, regardless of Me imposed method of ownership for the land area,buildings, portions of buildings, site rnpro mmM or my combination Mere W, provided Mat A. The Wl neddevelopmentsMllrrotaemeinaeesesinpresWi densitsandlorlatcoveregewredumthe required area im yetis and off -mend pining or vclate any other she development standards applicable W the dsNm. B. Any method of ownership for the land area, buildings, poryors W buildings. ape mprovememe or any combination Hereof shall iii those acquing such ownership interests access M and use of such direr pmtims 0 Me planned development as are necessary for: AMENDED 0]-09] (1) Acoess mall portions of Me planned tlesNopmmllrem a public right -d -way, (2) Access to the perking areas required under this cluster, (9) Access to the common arem of Me planned devlopment, Including MO yams and open spaces required under Mrs chapter: or (Q Compliance with Me she development standards required under this chapter In the dialect in which such grouptlevalopmedle. C. The volume shall have Me burden of demonstrathg Met Me proposed method of ovnerehip complies wind the foregoing requirements. To mat nq Me spplicar9 shall submit, As pan of Me land devebpnafd review process. copies of all proposed documents Alton to Me creation d ownership interests, Me Eadcodon of all common area or elements and the organimtionl arrangements for the moment, maintenance, use and preservation of all common areas or comments d the planned development. D. A planned Eevelopmint must receive site development Abnormal in accordance with Article XV] of this chapter. EWhere has soficimung prourimis am demlopment. M of to applicable cartoon am wool and W&E phartiona Abell W redistinbuhal to the named XIX this makers 16E]3. Parting enN bcatbn and wreenirg. title bcatian d oXsirel mmng 5111 conplyw9M1 Me idlowing requirement: A. All yarn spaces shal be bates on to same or adjasant lot with Me principal bulling or use serval, except Mat when such loading spaces cannot be reasonably providsd on the same or adjacent M, the Planning Board may Winder s Perim on another lot within 500 son distance of the premise b ba samul by such Poling, proWtlatl that such M is hold under Me some wanerehip or lease and t located in the same or e less restrom tltmct As Me Wiling or use served. B. In any EiSrid, no oMomet parting space, outdoor display area or ouldoor same area shall W locled closer to estreat line, title Il line or rear Id line Man Ma minimum distance in feet Indicated on the following schedule:lAnleme)10L4199A by OM No. 941]811-199) by Ord Nm 91-312; tlk O=by Ord. No. wool Nidmum Dlsbnce In Fad From Sheat Side Lot Rear Lot Db d Lim Lira Line URD -1, URD,2, M M SD, NSD, USD, WDD,DBD DDD and UID 10 5 10 With 50 or mare spaces 18 S. 10G is ISD, S S PS, OC B S, P S O, RR B A. RP, LDR and 20 10 10 HDR ADD, WDD. URO -2. RI USO. NSD and DDD 2 2 2 WMlea iwwsoecea A E A IMS. GMISD. GC9S. and IMPS 25 29 229 Webb more than 100 spaces Won more Men 250 spaces 20 25 95 Won more Man 500 spares lip 29 29 C. The lanwelons of Substation B Move notwithstanding no path M; pan, shall he lawand A he firant tend S somenoulleralandsourned ben and approved hyllhe Planning Road "SH'Fth, or, ge"I'"AtAko D. Soeening of paring. All WHIM loft containing live or more Wkirg spaces, outdoor display anew, cuboot IN 07-097 smoge areas and all outdoor ofFSVeet loading arses shall Ee screened In accomenmwlm Me following regui omens: [Amended 1391007 by Od. No. 9]313[ (1) All parking lots and o0 -street balling areas shall Imre a C Bu0er Vam as provketl in ANde XIX along any pomedy line a0ulting any residormal district, any Mul0famiy and Swans Dead. any Government and Inslirdlonal Service District, any Hurd Residence and Agricultural Urnmot Wast any Park and Open Space Diseia Star Botigum Physical Districtd (2) Ally Va0 kand o0simt loadinSo an A poor Veto armg areas fronting on a pool street or private way shall hems BEsdffieheriall the F04UL Fed p at mom as operated s Arkle X1 a" me %treat nghtof-way boundary. D N Ow'h Isss_Men 50 soeras abd have anA Bu9a Ved FM opum..sodMissuMe w,Mel -prN* war shall not include a railroad. [Amxded 9&2033 by Ord. Nu 02313: 3242903 by Ord No, 03- 109] tell Padding am buten and ecmnng, AUN(XANGED B. Bawl parkn0 lot improvements. All off -drew parking ams containing three or more rows a spaces shall be wreWded with mised dusters of at knot five feet in wimp between adjacent rows n pending spaces In a toast every now owns row and mised toted islands of at least four feat in doh tithe and d rows of spaces msomeone access dines Iran panted vehiand, except n employee bis as provided for in Emoveston A(a) have, n Swhich cagg me ra'AAd no dome And long, Lae he anatruaed won only 50% pl_Me otnakal Islarda and and repine muiremenfa, tl, in the opinion of Me Planning Boats, Me meriting area inn function property wMout some ere] of to requirud dMdem and tra0c islantle. Inwa n, -ad such la earned of to 'Rao one Pa. 10 - near rand no A and or FAISF C. UNCHANGED aBETDED 0]-09) 185-135 D. Buweryard. an bbdferyard k a usual summer mare as long Ma rearaMaideyardsel small oohs aft is to be Won and mr. Us ctlina cmtalnmanner(malMmmlvewessero)rolessen Me impelthbneMAFut AAit In upon summer. ORkdavelopmentFOVe The bower yard reQhiremens ere Shown in oelem ntlreiAod laiq units. Lots . a yard ra less Men too bM in IengM will turequired to peadon bower yard elements in pe const n re w one. Pairhunds efour-footred lilies requirements tratlbelow.MIfractions causes orshmbe will beconsidered A.B. plena. Pairs Me Muryerenustra40l which yetis. amewmaybederiam antler agne XIV, Buffer Yards A, 8,Cand D. as tldinetl by Ma Illusdredions which follow. EdmhtAw: emerywe inieW WmenixMMmswaEd M6Meplw. 01 M dmum radvindards for Water tell Mews and shoulder. At parts in prescribed buffer wins will meat Me fdlowing minimum standards: (a) Trees. [11 EVmpreen: minlmum height of tour and. [2[ Decguous: minimun caliper of 1112 Intoes measured six inches train the roto ball. (D) Shrubs. X11 Evergreen: minimum height 18 gcbse. 121D kduoua: minimum height d261nchea fall plardspecing The following astillefine should as consuchmao in small 0 rageol Dome N Noc i[:IL�1�-L4D AMENDED 0)-09] 5AT EW OF FACE: AEdans are undedlneil and deletions are sammadlle SEMON 2: Land developmentappllcntlons that hems been reviewed and Eetermlned to be compete by Me Bangor Code Enforcement Office as Ott" date W adoption of Meamendmentc M the Bangor Land Development Cede cordalned in section one am not affected by these amendments. 0707 2007 Revised Bufferyard Concepts decidluouslrys evergreen She � evergreen or UecMluous shrub Subtype2 Ywid'2 -.� lIli. faCLhLCp_\1T I!i�11T��+ deciduous bore 4 evergreen these lDshnubs Subtype I yam <21 31 y �I�G X11 deckluous bram wid1b�y,,yy 7y13 My�r yy�� X11 T PT evergreen tress T T T Subtype 2 rd /l1Pe /T �T� `a9lO�W'I➢vadth�rylyWg- �1/, decidluouslrys evergreen She � evergreen or UecMluous shrub 07 097 2007 Revised Bufferyard Concepts Required Plants per 100' of length depend on Chosen buHeryard width. Bufferyard Type C Buffertard Type C �Oc �M�Bw%�.�U2 4 4i�►�'4�4a �W2 oq, mix" Wr ctrr 4e��L-0IS{�5�1_i4i14f�O�4 4k 947' -0' fin- s �4.14S4�t6�3 ' aemmuaustroe irnngean nee ` engrain or aedawau shrub MEMORANDUM DATE: April 5, 2007 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending land Development Code Chapter 165-74 8 Design Construction and Maintenance (parking) Council Ordinance 07-097 Please be advised that the Planning Board at its regularly scheduled meeting on April 4, 2007 held a public hearing on the above Land Development Code Amendment. Planning Officer Gould indicated the proposed language was developed to provide a comprehensive update to the City's buffer yam and parking lot landscaping requirements. The current proposed language was created over the course of a year with input from several area landscape architects, review of numerous other municipal ordinances and discussions with the Planning Board and TIC Committee. The new language tries to do a number of things including balance the level of screening and cost of plant materials, provide adequate space for the plant materials to succeed, direct buffers to areas where they are most important and eliminate shortcomings in the current arrangement. The provisions attempt to match the required landscape improvements to the sire of the project, thus requiring more of larger projects and allowing certain urban districts to meet a less space consuming standard. Mr. Jim Manner of Ames A/E indicated he had spoken with Steve R@ble, landscape architect with Ames, and he had concurred with the proposed language. Chairman Guerette indicated he found the new standards to be overly restrictive and burdensome. Businesses should be visible and not heavily screened from view. Maine weather creates unique issues which make parking lot islands and landscaping an Impediment to snow removal. The landscape design standards should not make the parking lot the destination but provide its utility service as a parking lot The Board voted two In favor and three opposed to recommend the proposed Ordinance Amendments. 07 097 (3) Access to the commm areas of the planned development, including the yards and open spaces required under this carater:or (4) Compliance with Me site dewlognent standards required under MIs chapter In Me district in which such group development has. C. The applicant steal M1asre the burden of dismembering MIN the proptaed method M ownership complies wlM the foregoing requirements. To Met end the amlloard shall subm0, as pad of the land devebgnent review process, cables Ball proposed documents relating to Me meaning of ownership storage, the dedimtion gw common areas or elements and the orgsn®tional emargaments for the memento, m eromones, use am presarvahion of all common areas or elements of Me planned dereloprnent. D. A planned devabpmerd mug rewire site development approval in amNance af9l Adk:M XVl of We chapter. )u nim u development. 50 of the applicable common ID Irl n he internal banking mal promoter buffer plantings awadanw MM ANdeX and XIX of this charter. IGI Parking area IgmNon and aaeanhq. The bwhlon 0of-Meg poking stall comply swM Me following requirements: A All parkire spews Mol m located on Me same a adjacent at with the principal budding or Was served, except that when such perong spaces cannot be reasmMry granted on to same or adla ort lot. Me Planning Boom may gothoden perking on another IM WMM1 500 pert ofiWanw of Me stemless d be armed! by such corking, provided that won IM is hent under the same mmerMip or Iwee and Is located in gre same or a less reedcgve distriot as the building or use served. B. In any d'wdc4 no off-street corking spew, oudmr display area or outdoor storage area shall be lorsted cheer d a street line, side Ig linea rear lot line than the minimum d%lance in tart Indicohed on Me following schedule: [Amended 10-2*1926 by ON. No, Sul 7-2&1897 by Ord. No. W412; ]-24 Whl by Ore. No. W-1061 Minimum dganee In FM From Street Stake Lot Rear Let District Line Line Lina UR0.I,UR0.2, M B S0, NSD, USD, WDD, AOD, Dep and UID 10 5 10 Won W or mare spacks ISS.MG d ISD, S S PS, GC B S. P S O, RR S A, W. IDR and 20 10 10 HDR ADD, WDD, URU2, M&SD, USD. NW nd DDD 2 2 2 With less t1an M mans 5 A 5 ISS, GSISM GCSS. and SSPS 25 20 yD WM more Man 100 spaces Wilt mere than 2W seems 20 24 25 W9hmorethan5008pawe AO M 30 C. aaycegaantiotasxietaemvaan'MA mom At ASY PIP rAgp or dark A' AM ad As And MA we At 4AyAA A sa... D. Screening a porklrg. All paring Mla mnaging fire or more perking scocei, meteor display areas, outdoor elorage areas and all modest of-straet loading areae Mal be screened in accordance wdh Me following repuliements: [Mended 7-2&1997 by Ord No. 974121 07 097 (1) All parting Iota and oF-arrest loading areae shall have a C Buffer Yard as provided! In Areche XIX along any property fine abudi%1 any residekbl dsmct, any MulNamYy and Service Drama any Gorremment and Institutional Service Mirki, any Rural Residence and Agricultural District sees my, Park and Opal Space Dairies any Beacom Rotection Distrait and any Stream PromCOon Dstrkt. (2) All parking fox and offatreel loading areas holding on a public street or private way shall have a B BUBer Yak AF An A shelter ymal sun Was M a Fare FillterinvichIalong the street rigMnrvesy boundary. Excem Darken areas in DDD W JR 22 1011,5D GBD. and NSD with �mhnl otIecesrM1alliirmed. BURer Val Far thel OW. No. byterm°phare way shall not Inducer a rallme. fammgad 4Lagm by ok. xo.Os-3sz: sla]atu by Ord. No. 03- 1067 165i7ti. Parking area loosest and samong. A UNCHANGED B. Required Baking lot impovemeks. All shctreet packing ams mntainicy three or more rows of spaces shall be cormuAld! win rained dividers d at head fast in Width between adjacent ma of halting spaces in at cast every other double row and raised traffic islands mat least four And to with at the end of rows of spaces to separdx amess drives from praised vehicles. except In employee lots ere provided for in Sulosechon A(o) above, in which may he contracted whh only B of the phvs wl slarda and landsraolm reouiremenx. H, In the opinion of the Planning Board, the peaking area can function propely mixed some erat of the required dividers and trefgc islands. kasdi9eerakeuspkx C. UNCHANG® I Circiskifisir Rooms Frarldnin loss, shal Provide yalljoifined! vendible and Pardermans. circulation room �3A'ii'�17AA1.1RfR7fP'^".SE}" 4T ir Pail Sam Buildintat should not bas ficre, sound! any soch Calcium. several smether eves steaming to the bollovem standards 07 097 185-1350. Bufar pd. (1) A buffer yord b a designal area abng to rear aid share Ohio of a alta dsvoopmem which As or be planted aid Iarescaped in a certain manner (m aftemadve maruni W lesson Me Impact of one sdo davabpmem upon still efsisedetaoinamAuview. Thebuffer Yard requirementsaresham Inowhmdred-faoM gunea.Lots vAMa yard of less Man 103 asst in length vdll be requlred to povWa "or yard elemont; In pmporton tithe ons hundred-Untar-fool requirements IMkaled Oahu. All authors of Rom or shru0a Wil bo coresNxed whose planta. There are fear different types of buffer yards which maybe requlred under Addle %N, Buffer Vance A. B, C aM O, as definW by Me illustredons whlen fWme, saimt nae: bMrtyen lnueuauom an lnm me at to orb m romper. (3) Minimum standards for buffer vati Haas an! shuts. All Monts in prescribed bufer owns will meet Me fallowing minimum standards: (a) Trees. (1] Evergreen: minimum boor of four feM. ' [2] DeCduous: minimum caliper of t til Inches measured Mx Inches hem Me roM ball. (b) Shrubs. ]1] Evergreen: minmum height of 18 inches. (2] oecihmus: minimum Might of 20 inches. ft)rm1Fr^:m Tvoe mature width after) eaacina(faet ancenuirl Street Treat W lob Understory Trees 2oto4p 30tow Larma Shmba throw to Small Shrubs 5 5 lessounred areen seems shall be Provided vivitinin 011mord Walsh, between move, end islands and Waste bromen sector dinves and parking stalls. Where all ame am boom on wronal 185-1350. Bufar pd. (1) A buffer yord b a designal area abng to rear aid share Ohio of a alta dsvoopmem which As or be planted aid Iarescaped in a certain manner (m aftemadve maruni W lesson Me Impact of one sdo davabpmem upon still efsisedetaoinamAuview. Thebuffer Yard requirementsaresham Inowhmdred-faoM gunea.Lots vAMa yard of less Man 103 asst in length vdll be requlred to povWa "or yard elemont; In pmporton tithe ons hundred-Untar-fool requirements IMkaled Oahu. All authors of Rom or shru0a Wil bo coresNxed whose planta. There are fear different types of buffer yards which maybe requlred under Addle %N, Buffer Vance A. B, C aM O, as definW by Me illustredons whlen fWme, saimt nae: bMrtyen lnueuauom an lnm me at to orb m romper. (3) Minimum standards for buffer vati Haas an! shuts. All Monts in prescribed bufer owns will meet Me fallowing minimum standards: (a) Trees. (1] Evergreen: minimum boor of four feM. ' [2] DeCduous: minimum caliper of t til Inches measured Mx Inches hem Me roM ball. (b) Shrubs. ]1] Evergreen: minmum height of 18 inches. (2] oecihmus: minimum Might of 20 inches. ft)rm1Fr^:m Tvoe mature width after) eaacina(faet ancenuirl Street Treat W lob Understory Trees 2oto4p 30tow Larma Shmba throw to Small Shrubs 5 5 07 09 R) SulgaUtutions LL L_ A