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HomeMy WebLinkAbout2017-10-11 17-361 ORDINANCETitle, Ordinance 17-361 10/11/2017 CITY COUNCIL ACTION Council Meeting Date: October 11, 2017 Item No: 17-361 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapter 71, Bangor Center Revitalization Area, of the Code of the City of Bangor, By Clarifying the Number of Votes Required for Project Approval Summary This ordinance would clarify that three votes are required to pass a project seeking design review approval from the Historic Preservation Committee. The Bangor Center Revitalization Area (BCRA) covers much of the downtown area. Owners of buildings in this area must seek design review approval from the Historic Preservation Commission before they can make certain changes to their buildings' facades. When a project comes before the Commission under the historic preservation ordinance, the project must receive four affirmative votes (out of five) to pass. The BCRA design review process, however, is silent as to how many votes are required. Review of the Commission's 1979 bylaws (presently in the process of being revised) finds that, for votes other than historic preservation, three votes are generally required. As a result, at present, three votes are required for design review approval. This ordinance would enshrine the three -vote requirement in our BCRA design review ordinance. Staff and members of the HPC both consider the four -vote supermajority to be appropriate in the realm of historic preservation, but support a three -vote majority for design review. Changes to historic buildings will still be separately reviewed under the Historic Preservation ordinance. Committee Action Committee: Business and Economic Development Action: Staff Comments & Approvals Meeting Date: October 17, 2017 For: Against: This ordinance amendment will go back to the Historic Preservation Commission on October 19 for an official recommendation. IV` City Manager Introduced for: First Reading and Referral Z,7�K City Solicitor Finance Director CITY COUNCIL ORDINANCE Date: October 11, 2017 Assigned to Councilor: Nealley 17-361 10/11/2017 ORDINANCE, Amending Chapter 71, Bangor Center Revitalization Area, of the Code of the City of Bangor, By Clarifying the Number of Votes Required for Project Approval WHEREAS, the Bangor Center Revitalization Area ordinance is silent as to the number of votes required to approve a project; WHEREAS, the City wishes to take into account the need to hold applicants to design review standards without creating unnecessary barriers to work done in the Area; WHEREAS, changes to historic buildings are separately reviewed under the City's Historic Preservation ordinance; and WHEREAS, a requirement of three affirmative votes is appropriate, providing a reasonable bar for projects to meet while not restricting projects unnecessarily in the Area; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 71 of the Code of the City of Bangor be amended as follows: § 71-8. Permit Required. C. No permit shall be issued for work with an estimated fair market value cost of $1,000 or more for materials, supplies and/or labor until the proposed activity has been approved by the Revitalization Area Design Review Committee (hereinafter "Design Committee") pursuant to this chapter. An affirmative vote of three members of the Design Committee shall be required to approve the proposed activity. In situations where a certificate of appropriateness is required from the Historical Preservation Commission, no permit under this chapter shall be issued until said certificate of appropriateness has been issued by the Commission. The issuance of such a certificate by the Commission shall be determinative of the compatibility of the proposed design or plan with the architecture of the building. Additions are underlined, deletions strue�k threugh. IN CITY COUNCIL OCTOBER 11, 2017 COr 17-361 FIRST READING AND REFERRAL TO BUSINESS AND ECONOMIC DEVELOPMENN COMMITTEE MEETING OF OCTOBER 17, 2017 4.0k) i/ra4Zti+�' CITY CLE IN CITY COUNCIL OCTOBER 23, 2017 COr 17-361 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS, PERRY, SPRAGUE, WESTON, BALDACCI COUNCILORS VOTING NO: NONE PASSED 41) )49,r9)441 ? CITY CLE