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Home My WebLink About2005-06-13 05-204 ORDINANCEItem No. 05-206 Date: 6.13-05 Item/Subject. Ordinance, Amending the Land Development Code, Chapter 165, Sections 96, 92, 102, and 103 - Chemical Dependency Treatment Facilities Responsible Department: Legal Commentary: On the basis of the discussion at the Transportation & Infrastructure Committee, staff has drafted various amendments to the Land Development Code relating to chemical dependency treatment facilitles. In summary, there are four Code sections that would be amended. Section 1 dandies Nat chemical dependency treattent fatll'Ries are a permitted use in the Urban Industry District and adds the requirement that any such facility be at least 300 feet from any residential zone. It also clarifies that medical/dental clinics (as currently defined) are permitted in the zone. Currently, both uses are allowed in this zone as "commercial uses." Section 2 specifies that chemical dependency treatment facilities are a permitted use In Ne Government & Institutional Samoa Distinct provided it is located on a major arterial street. Currently, it is a mndltlonal use In the district. Section 3 changes chemical dependency treatment facilitles from a permitted use m a conditional use In the General Commercial and Service District and adds four specific renditions: (a) requiring an adequate interior waiting area to ensure that there will be no exterior queuing; (b) increasing the parking requirement; (c) creating a 100 -foot separation requirement from any other business; and (d) creating a 300 foot setback from schools, churches, parks, and residential mines. Finally, section 4 adds chemical dependency treatment facilities to Industry & Service District provided that any such facility be M least 300 feet from any residential mine. Department Head ManageiS COmmenfS:1,6 tWl A!d h�.tp...�gtr6e G«.L City Manager Associated Informal Owl, rceil el Zorl-C' r/ d i. -O, LT -x Budget Approval: Finance Director Legal Approval: Ctry Solicitor Introduced for Passage X First Reading, Referral �(a YRy,.,we7 (q PMO'. �^"r aI i a00.SQ /:OU P IY1 05-206 "Signed to cu ilae Cachi June 13,- 2005 s CITY OF BANGOR (TITLE.) Ordinance, Amending the land Development Code, Chapter 165, Sections 96, 97, 102, and 1M - One mol Dependency Treatment Facilities WHEREAS, the Special Committee on Medical Facilities completed its report in March 2005; and WHEREAS, on April 11, 2005, the City Council adopted Council Order 05-126 accepting the final report and directing the Assistant Gay Solicitor to prepare the necessary eminence amendments recommended by the Special Committee; and WHEREAS, subsequently, the Transportation and Infrashacture Committee of the Council has conducted further reviews and discussions of this report; and WHEREAS, as a result of those discussions, the Committee has determined that one current definition of Chemical Dependency Treatment Facilities should be maintained; and WHEREAS, are Committee has also recommended certain other changes to the and Development Code governing the location of such facilities as tont a permitted and conditional use; and WHEREAS, in addition, a Special Community Advisory Committee has been established to work with representatives of Colonial Management on issues that may arise due to Me opening of a chemical dependency treatment facility in a General Commercial and Service District; and WHEREAS, the actual operation of a chemical dependency treatment facility in such a zoning district on provide information on the impact of such a use in this district, information that on he of use to the Planning Board and City Council in evaluating certain recommendations made by the Special Comml¢ee on Medical Facilities; and WHEREAS, as a result of the discussions held at are Transportation and Infrastructure Committee and the work that will be performed by the Community Advisory Committee M Colonial Management, the Transportation and Infrastructure Committee has recommended that certain changes to the Ctyys zoning ordinance be initiated and that the Community Advisory Committee be requested M Provide further information W the Committee and the Counal; and WHEREAS, until the Community Advisory Committee provides such information, are Transportation and Infrastructure Committee has recommended certain changes in the Gty's land Development Code. BE IT ORDAINED BY TRE CTIY COLTai OF THE CITY OF BAROOR THAT Sections 96, 97, 102, and 103 of Chapter 165 of the Cale of Ordinances of the City of Bangor are hereby amended as follows: 05-2aa Section 1 § 165-96. Urban Industry District (UID). C. Permitted uses. The following uses are permitted in this distinct: (l)-(3) [unchanged) (4) Cllni� medical or dental. (5) Clenical demndencv bmabrient facility provided the properlot line 8 at learn 300 feet L6) Accessory ores on the same lot and cusbanarily incidental to and subordinate to the above uses. Section 2 § 165-92. Government and Instittional 5ervke Distinct (G & ISD). C. Permitted uses. The following uses are permitted in this district: (1)-(8) [unchanged] (9) Chemical dependencv treatment fecillp,provided! it is located on a mator arterial street. UW Accessory uses on Ne same lot and customarily incidental to antl subordinate m the above uses and to a use approved uncer Subrecdon D below. D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted In Nis district: (1)-(2)[unchanged] (3) Chemical dependency treatment fac lides when sbee Section 3 § 165-102. General Commercial and Service DistriQ ((X & 5). C. permitted uses. The following uses are pennitudl in this district: (1)-(8)[unchanged] (10) Accessory uses on the mine lot and custan efty incidental and subordinate W the above uses and any use approved under Subsection D below. D. Conditional uses. Subject to Planning Board approval under the provisions of 4 1659, the following uses may be permitted in this district: Section 4 '4 165-103. Industry and Service District (I ® S). G Permitted! uses. The following uses are Permitted in this distrkt (1){13) [unchanged] UM Accessory uses on the same lot and customarily incidental to and subordinate w the above uses and any use approved under Subsection D below. Deietlons are struck through. Additions are underlined. Will be no �rtedor nueuma, (b) Parking�p��at�mMofwe(l)�mrl no it) ne main entrance Is located at least IM fW from the main en other business in the mine or an adjacent structure, measured by ordinary (d) ne facility is Ward] a least 3M ftat from am public or Private school or dormitory. churcir, cimenal ciarann house or other Plane of =j district lioundary, measured! by snight line ftm proneiW line UP OM I Section 4 '4 165-103. Industry and Service District (I ® S). G Permitted! uses. The following uses are Permitted in this distrkt (1){13) [unchanged] UM Accessory uses on the same lot and customarily incidental to and subordinate w the above uses and any use approved under Subsection D below. Deietlons are struck through. Additions are underlined. ZonnaDish'cts for Chemical Dependenev Trcatment Facilities 2inirtg District Zones where Currently, iunu Recommended Zones Proposed by Allowed bylsedicalFacilhos CDM 05-2041 Release § 165-88, URD -1 Nrtenxeaiaenee p § 16549. URD -2 (Umm Residence 2) §16590. M&SD (Multifamily and Service) §16591. NSD (Neighborhood Ser we) §165A2. USE, Permitted Use (Urban Service) §16593. DDD Pmmlve UUu (fawn wn Develop esen) §165-94_WDD' _ (WmerhaR Development) § 16594.1. BPD (Baa Park) § 16595. ADD - (AirpnnDevelopment) §16596. UID Pmmined Uw(as Permitted Use(as committed Use (Urban Industry) emlal use's'commercial use') §16599. D4cJSD Con&tlonal Use Permitted Uu Pommi[tttl Use (Government & Institutional service) § 165 99. MR (Low -Density RssMentim) § 165.10 MR (High -Danek Residential) § 165101. 5 & PS Forehand Use (Shopping&become Swice) §1651@.(C&5 Permitled Uu Permitted Use Canditlout Use (General Commented asSerxrce) §165-103.1&5 Pmit um Pnmiued Use Unmrso-y & Serowe) § 165-105. Fit as A (Rare] Residence & Agricultural) § 165-106. BY (Resourte Pmtr tion) - 4165-109.P&0 (Park and Own Space) §165-108. SPD (Stream Pro¢ction) The Report rewmmends Oe elimination ofthe wugory, of 'Chemical Dependency Treutment Facility" and regulating Meme aza"Clinie'in ganerm, so dome are to zones in which clinics are allowed. IN CI'n Comm Susie 13, 2005 F1isf..BexdiuB...-. d Refe to the Planning soar CITY C @H IN CITY C 11, ' July 11. 2005 Notion Made and Senopded TO Ya tpooe to July 25. 2005 Post v a a IN CITY CoO m July 25. 2005 Motion Made and Seconlea Green. Naaea. votf, no. p M-206 Ogg l N A N C ('ITILE.I aaenaing tue l nevalopmeat Cada. 'Chapter 165. Sections 96.97. 102. and 103 - Chemical nependeucy Treatment Yacf [ nmigneamcnuomnr (eM.uNILY