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HomeMy WebLinkAbout2006-11-28 06-021 ORDINANCEItem No. 06 021 Date: 11 -2R -OS Item/Subject: Ordinance, Amending the Land Development Code, Chapter 165, Waterfront Development District, § 165-94, and Schedule "A" as It Pertains to WDD. Responsible Department: Planning Commentary: The purpose of this amendment is to provide a number of clarifications regarding the uses allowed In the Waterfront Development District, amend the development standards for permitted uses within the district, and create development standards for conditional uses within the district. Department Head Managepr�'sComen mennta: fp4w'gwKraW�*a+�aQt r �. r Gry Managera,� uwa ae:�(• Associated Information: m& etlojeAdy u"A QI7:%+ Legal Approval: IIaril.1i:2 I It. Or �61M &SIM Passage • First Reading Page _ of X Refemal to Planning Board12-6-05 @ 7 p.m. 06 021 \c^ Assigmed to COweilar Gratvlck Noveaher 29. 2005 CITY OF BANGOR (TITLE.) Ordinance, Amending the Land Development Code, Chapter 165, Waterfront Development District, § 165-94, and Schedule "A" as It Pertains to WDD. Be Madainedbydre LRyofB&W,, as7oNoess• Section 1: The Land Development Code, Chapter 165, § 165-94, is amended as follows: § 165-94. Waterfront Development Distrix (WDD)- A, [unctainged] B. [unchanged] C, Permitted uses. The following uses we permitted in this district (1) Any business office or professional office. (2) Hotel, m im, conference or convention center. (3) Entertainment or Recreation facilities to include museums theaters "ros'tion halls or rot galleries. (4) Eating and drinking esmblisbmeirm (5) Any other retail or service business (except those refered to under Subsection D below) conducted within a building with no goods or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale, with outdoor display area limited to 1% of the gross Boor area devoted to said business within the buildin& but specifically excluding sales, leasing or service of automobiles and other equipment or machinery. (6) Residential use (9) Places of worship. (8) Pthe, nee Q roor.Inter-modal Entities and public servite uses (9) exposition halls (10) Puking wage or lot IP CITY CD09CIL November 28. 2005 Mirk�{{ Heading a Referral to ikl�e Pla ing Board CITY CLRge IN CIW CODBCIL December 12, 2005 Notim Made and Seconded for Passage voce: 6 3> Coavailory voting yes: cash ll D'Errico. Marriagtoa. Greene, Haves 6 Stone Councilors voting no: Allen Cradvfck S Palmer ' Pa ed CITY I= y 06 021 (FIILF) dmmdiag toe is pevelop t Code. Chapter 165, waterfrontOpaeat Ddstricn, {165-96, and Schedalee'A^ ae it Pertains t0 ww A.alunm Schedule _ Zoning Di50-ic4 Maximum District Minimum Maximum Minimum Minimum Minimum Minimum Minimum Mini_ Minimum W91q Height (Read Lot Area Lo[ Int WIdM From Side Yard Rear Ymd Useable Floor (square Coverage (fort) Yard DepN Depth Open Space Siam cic Aree feet) Depth (Get) (Sam). (squercfxt Bebe (Gm) pudimming uGD wat<rfioot Development 65; except 35 in 10,000 6BV4 100 d0y5B 20 20 — $Q 2.0 Dismict(WDD)- me%orelend keetm¢an permitted uses zone viloin 250 00% highsxater feetrufthemeam higLwmmmmk 4 o mobum River ver Waterfront Dualogrannot 10000 q 2� 20 0 IQ DisMo (W D)- conNdmalusu2retofrm(v: N'n 2s0 feet nrmeahigh 470%�too weler) wakrhvnl Develn foo 41100 0 20 20 — Q 2.0 Dismo CWDD)- is excess m mexco froom heieM1e IN CIT4 C CIL Euvea er 28. 2005 First Reading E Referral to P Ing BoaN T C RB[ 06-021 O ROINA WrXE �9I9LP�1 Ordinance. Amending the Land Development Cade. ptereC�ater tont ;=o nt District 4165-96 and Schedule 'As as It Pertaiva to WO ASS191M to ClIldlorj/ (xJ� 06-031 MEMORANDUM DATE: December 7, 2005 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code Chapter 165-94 Waterfront Development District Council Ordinance 06- 21 Please be advised that the Planning Board at its regularly scheduled meeting on December 6, 2005 held a public hearing on the above land Development Code Amendment. The Planning Staff gave a brief history of Me district and the reasons behind the proposed amendments. The Board discussed the location of the Waterfront Development District, the changes in the language, setbacks and their potential impact on open spare in the waterfront area. The Board did have a concern that the term "intermodal facilities" was undefined and could lead to use proposals which would not be geared towards a passenger transportation hub, but some form of mil or cargo ship facility. With the understanding that the Planning Staff would develop a suitable definition for "intermodal faciliry'the Board vote 4 — I to recommend the City Council adopt the proposed Land Development Code Amendment. The dissenting opinion was that the amendment should wait until a suitable definition was developed. 06 021 (11) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and those permitted as conditional uses in Subsection D below. D. Condifirmal uses. Subject to Planning Bound approval under the provisions of § 165-9, the following uses may be permitted in this district: (1) Mari -related commercial uses, to include boat sales and service, docking and service, boat rental, tour boat and fishing services and other aquatic activities requiring access to the river, provided that (a) Such uses anelocated within 250 feet of mean high water on the Penobscot; River. (b) Such uses will create no noxious odors or excessive noise (above 65 decibels dBA)detectable atthe mmverty I'ne. (c) Such uses meet the following site development standards: those for permitted uses in Subsection C above, except drat no building shall exceed a maximum height of 35 feet, and accessory use docks, slips, walkways and boat -handling equipment may be located within 50 feet of mean high water. (2) HighriseHotel, in excess of 65 feet in he'eht provided that (a) Such finality will not be located within 250 feet of mean high water on the Penobscot River. (b) Such ,: u:1sis f eilitywill be not more than 100 feet in height. prop ones avoybrom the ovw4em Rig" did siting nrow A I ty— 11 be awh� to allow far R Alent mobsues,ed view (,hom in wi k, -1) 100 fear in ividim (3) ne assembling, processing, pw1kageRg or wafting to j FHbum ft -f DUE, grown r 06 021 E. [unclunged] Section 2: ne Land Development Code, Schedule A, is amended as it pertains to the WDD as follows on the next page: