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Home My WebLink About2017-03-13 17-103 ORDINANCE COUNCIL ACTION Item No. 17-103 Date: March 13, 2017 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Eliminating the Setback Requirements from Railroad Property in the Waterfront Development District Responsible Department: Legal Commentary: This ordinance would eliminate the setback requirements for parcels adjoining the railroad parcel in the Waterfront Development District. Buildings in the Waterfront Development District typically must be at least 20 feet from their side and rear property lines. This setback or buffer area is unnecessary from railroad parcels, as access, open space, and other typical code requirements are often not necessary in what would traditionally be the setback area of adjoining properties. This item was discussed at the Business and Economic Development Committee meeting on March 7, 2017. Department Head Manager's Comments: C-eC�9--�5 Ian City Manager Associated Information: Ordinance; Schedule A Budget Approval: Finance Director Legal Approval: A/7n City Solicitor Introduced for Passage x First Reading x Referral to the Planning Board on March 21, 2017 17-103 MARCH 13,2017 Assigned to Councilor Nealley ) 4 CITY OF BANGOR ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Eliminating the Setback Requirements from Railroad Property in the Waterfront Development District WHEREAS, a railroad passes through the City's Waterfront Development District; WHEREAS, the railroad parcel differs from typical parcels in that access, open space, and other typical code requirements are often not necessary; and WHEREAS, there is therefore no additional buffer needed between the railroad parcel and any buildings or other uses on adjacent parcels; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165, Schedule A, Urban Developed Area, of the Code of the City of Bangor be amended as shown by the accompanying schedule revision. Additions are underlined. 1 IN CITY COUNCIL MARCH 13, 2017 Cot 17-103 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF MARCH 21, 2017 CITY CLE IN CITY COUNCIL MARCH 27, 2017 COr 17-103 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS, SPRAGUE, TREMPBLE, WESTON, BALDACCI COUNCILORS VOTING NOF: NONE PASSED 4-„ CITY CLERK r 17-103 LAND DEVELOPMENT MARCH 13, 2017 165 Attachment 2 City of Bangor Schedule A Urban Developed Area Article XIII,§§ 165-88 through 165-97 Maximum Minimum Lot Minimum Minimum Minimum Minimum Usable Minimum Maximum District Height Area(square Maximum Minimum Lot Front Yard Side Yard Rear Yard Open Space(square Water Setback Floor Area Zoning Districts (feet) feet) Lot Coverage Width(feet) Depth(feet) Depth(feet) Depth(feet) feet per dwelling unit) (feet) Ratio Urban Residence 1(URD-1) 35 10,000 25% 75 20 7 5 20;5 for __ __ __ accessory structure Urban Residence 2(URD-2) 40 1 35°s 75 20 7 5 20;5 for 600 __ __ accessory structure Multifamily and Service(M& 45 2 40% 60 10 10 10 200 plus 200 square feet 1.0 1.0 SD) per bedroom in excess of 1 Neighborhood Service(NSD) 35 10,000 25% 75 20 10 20 200 0.4 0.4 Urban Service(USD) 35 10,000 30% 80 40 10 20 200 __ __ Downtown Development None None None None None None None None 4.0 4.0 (DDD) Waterfront Development 65;except 35 in the 10,000 70% 100 0 20 20 __ 50 2.0 (WDD),permitted uses Shoreland Zone within 250 (excepting property owned by a company which feet of mean high- operates a railroad and upon which an active water mark of the track is located and the track is located within Penobscot River twenty-five(25)feet or less of the property line: setback-none). 17-103 MARCH 13, 2017 Maximum Minimum Lot Minimum Minimum Minimum Minimum Usable Minimum Maximum District Height Area(square Maximum Minimum Lot Front Yard Side Yard Rear Yard Open Space(square Water Setback Floor Area Zoning Districts (feet) feet) Lot Coverage Width(feet) Depth(feet) Depth(feet) Depth(feet) feet per dwelling unit) (feet) Ratio Waterfront Development 35 10,000 70% 100 0 20 20 _— 0 2.0 District(WDD),conditional uses:marine-related commercial uses(within 250 feet of mean high water) Waterfront Development 100 40,000 75% 100 0 20 20 __ 250 2.0 District(WDD);conditional uses:hotels in excess of 65 feet in height Waterfront Development 35 10,000 70% 100 0 25 25 __ 50 2.0 District(WDD);conditional uses:commercial establishments that provide for craftspeople, artisans and others to craft, prepare,package and sell their products Waterfront Development 35 20,000 70% 100 0 20 20 __ 50 2.0 District(WDD);conditional uses:accessory drive-in service Bass Park 100 10,000 45% 100 0 0 0 __ __ Airport Development(ADD) Subject to land development permit review by Planning Board and federal aviation regulations Cellular telecommunication 195 4 20,000 35% 100 100%of 100%of 100%of N/A N/A 0.6 towers 5 structure structure structure height height height Urban Industry(UID) None None 40% 50 30 10 20 __ 1.0 1.0 (excepting property owned by a company which operates a railroad and upon which an active track is located and the track is located within twenty-five(25)feet or less of the property line: setback-none) (excepting yard setback from railroad right 17-103 Radio and television broadcast 400 4 20,000 40% 50% 50°s of tower 50%of tower 50%of tower N/A N/A MARCH 13, 2017 towers 6 height height height Maximum Minimum Lot Minimum Minimum Minimum Minimum Usable Minimum Maximum District Height Area(square Maximum Minimum Lot Front Yard Side Yard Rear Yard Open Space(square Water Setback Floor Area Zoning Districts (feet) feet) Lot Coverage Width(feet) Depth(feet) Depth(feet) Depth(feet) feet per dwelling unit) (feet) Ratio Government and Institutional 80 None 30% None 30 20 30 __ 2.0 2.0 Service(G&ISD) 195 4 20,000 30% N/A 100%of tower 100°%of tower 100%of tower N/A N/A 2.0 Radio and television broadcast height height height towers when accessory to a public nonprofit agency 5 NOTES: 1 For one and two dwelling units,9,000 square feet;for three dwelling units,10,500 square feet;and for four dwelling units,12,000 square feet. 2 For the first two dwelling units,6,500 square feet,plus 1000 square feet for each additional dwelling unit. 3(Reserved) 4 Or the minimum height height allowed under federal law,whichever is greater. 5 Minimum buffer yard:Type B,C next to a residential district. 6 Minimum buffer yard:Type B next to a residential district. 7 Minimum setback for open porches from the front property line is 10 feet. MEMORANDUM DATE: March 22, 2017 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Chapter 165, Schedule A, Waterfront Development District Setbacks Council Ordinance 17-103 Please be advised that the Planning Board at its meeting on March 21, 2017, held a Public Hearing on the above Zoning Amendment to amend the setbacks in the Waterfront Development District (DDD). Assistant City Solicitor Paul Nicklas provided the Board with an overview of the proposed amendment undertaken by Staff to eliminate the side and rear setbacks for properties which abut the railroad property (rail line) in the Waterfront Development District. Mr. Nicklas noted the rail line is somewhat unusual in that it does not house structures, but a rail line which is somewhat separated from the property line, therefore the need for setbacks on adjacent parcels is less acute. Member Durgin asked how the right of way is defined. Mr. Nicklas noted the property was all owned by the Railroad and the City acquired it. The railroad retained ownership along the rail track at a width of fifty feet. Member McCarthy asked if the lack of access around a building might cause some issues. Mr. Nicklas noted in other locations there are little or no setbacks which can be designed around. Being no other proponents or opponents the public hearing was closed. Member Durgin moved to recommend amending Zoning Ordinance Chapter 165, Schedule A to reduce the side and rear setbacks in the Waterfront Development District to zero as contained in Council Ordinance 17-103. Member LeBlanc seconded and the Board voted six in favor and one opposed to recommend C.O. #17-103.