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Home My WebLink About2020-11-23 21-030 ORDINANCETitle, Ordinance 21-030 11/23/2020 CITY COUNCIL ACTION Council Meeting Date: November 23, 2020 Item No: 21-030 Responsible Dept.: Planning/Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, Section 165-6, to add the requirement of a pre -application meeting to zone change requests and to align City and State notice requirements for the same. Summary This Ordinance amends the Land Development Code of the City of Bangor by including a requirement for a pre - application conference prior to the submission of a zone change request. Currently, the City does not require a pre -application for zone changes and often applications are dropped off in the Planning Division without prior staff knowledge. Adding a pre -application meeting to the zone change process will allow staff to work with the potential applicant to determine if the proposed zone request fits the area and project, if another district may be more appropriate, and if there are any other potential pitfalls to the proposed change. Often a pre - application process can save the applicant time and money. A similar process exists for other non -zoning land use applications. Committee Action Committee: Business and Economic Development Action Staff Comments & Approvals Meeting Date: November 17, 2020 For: Against: Please note the Planning Board hearing for this matter will be advertised and held on December 15, 2020 and is expected to return to the City Council on December 28, 2020. City anager City Solicitor Finance Director Introduced for: First Reading and Referral CITY COUNCIL ORDINANCE Date: November 23, 2020 Assigned to Councilor: Sprague 21-030 11/23/2020 ORDINANCE, Amending Chapter 165, Land Development Code, Section 165-6, to add the requirement of a pre -application meeting to zone change requests and to align City and State notice requirements for the same. WHEREAS, at present, there is a process for amendments to the Land Development Code, including zone changes, which includes posting and advertising requirements but does not include a meeting with planning staff; WHEREAS, in order to provide pertinent planning services to property owners, it is important to review proposals prior to submittal; WHEREAS, the posting and advertising requirements of the City's Ordinance does not currently match the state requirements for zone changes; and WHEREAS, the City is required to adhere to the state statutes for posting and advertisements for zoning enactment; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165, Land Development Code, Section 165-6, Amendments is hereby amended as follows: § 165-6 Amendments. This chapter may be amended in accordance with the laws of the State of Maine and the Charter and ordinances of the City of Bangor and in accordance with the following requirements and procedures: A. Initiating an amendment. (1) Preapplication meeting_ a) All annlicants for a man amendment are reauired to attend a nreannlication meetin (b) A preapplication meeting is for review of the district maps, comparison of the proposed amendment to the Comprehensive Plan, and any other pertinent information affecting_ the proposed map amendment. (c) Planning staff shall schedule and document the meeting_ (d) The Planning Officer may, at his or her sole discretion, waive the requirement for a preapplication meeting for good cause shown. 21-030 11/23/2020 MQ Map amendment (zoning change). An amendment to the district designation established pursuant to this chapter shall be initiated by the completion and filing of a form for such purpose with the Planning Division, City Hall, Bangor, Maine, together with an application processing fee in such an amount as may be established from time to time by the City Council by Council order. The format and number of copies of the form submitted shall be as set by the Staff Coordinator. The application processing fee is in addition to any advertising fee which may also be established by the City Council. If the applicant voluntarily proffers, in writing, reasonable conditions or restrictions under contract zoning, a list of all such proposed conditions or restrictions shall be included with the application form. Any applicant for such change in district designation must have standing as an applicant under the provisions of this chapter for the area subject to such change request. {-2)M Text amendment (amendment to the Land Development Code). Amendments to this chapter shall be initiated by request of the Planning Board, the City Council or the City Manager. C. Public hearing. The Planning Board shall hold a public hearing within 60 days of receipt of such application by the Planning Officer. Prior to said public hearing and in accordance with the requirements of this chapter and the laws of the State of Maine, the Planning Board shall give proper notice of said hearing. (2) Said notice shall be posted in City Hall at least 44 13 days prior to the public hearing and shall be published twice in a daily newspaper of general circulation in the City of Bangor. The first publishing date shall be at least 4-0 12 days in advance of said hearing and the second one at least 7 days. For map amendments, said notice shall also be sent by United States Mail to all persons initiating the proposed amendment and to all persons owning abutting property and/or within 100 feet of the exterior boundaries of the real estate to be affected by said proposed change. Notice of any proposed map amendment being processed under the contract zoning provisions of this chapter shall also comply with the requirements of 30-A M.R.S.A. § 4352, or successor statutes, as the same may from time to time be amended. For purposes of the notice required hereunder for map amendments, the owners of property shall be considered to be those against whom taxes were assessed on the prior April 1. Failure of any person owning property within said 100 feet to receive notices provided herein shall not necessitate another hearing nor invalidate any action by the Planning Board or the City Council. M Text amendments shall also comply with the applicable provisions of 30-A M.R.S.A. § 4352. Additions are underlined, deletions strueak threugh. COMMUNITY & E+CONO I C DEVELOPMENT CITY OF BANGOR. PLANNING DIVISION Memorandum To: Honorable Bangor City Council Cathy Conlow, City Manager From: Anne M Krieg AICP, Planning Officer Date: December 16, 2020 CC: Tanya Emery, Director of Community and Economic Development Joshua Saucier, Assistant City Solicitor Jeff Wallace, Code Enforcement Officer Re: Planning Board Recommendation December 15, 2020 Land Development Code Amendment — Amendment Process and Posting Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a noticed public hearing on December 15, 2020. The meeting was conducted using the city's Zoom account. The Board was instructed of this staff -led effort to add a pre -application meeting to the zoning application process. There is value of having pre -application meetings, which is to be able to go over the property owner's plans with them to ensure that the request is in keeping with Comprehensive Plan, as well as to correctly assign a proposed district. This amendment provides additional time for staff to work with the applicant akin to the meetings staff has with land development permit applicants. Additionally there are changes in this amendment to the posting requirements so they're in line with State statutes. This includes a specific number of days that an item must post to public. Member Brush inquired if this pre -application meeting replaced the Planning Board's recommendation. Krieg advised that it does not, it's an additional piece of the process. Many times, staff receives cold applications without speaking with the applicant. It's a value-added piece. Member Perkins thinks that it's a great change, and a smart move to help applicants. Further discussion regarding the amendment process; that is, how this came to the Planning Board. The amendment process allows staff to introduce amendments through the City Manager. No public comments were received prior to or provided at the meeting. Member Meagher moved to recommend to City Council pass the Amendments to the Process and Posting portion of the Land Development Code as indicated in the agenda. The motion was seconded by Member Hogan. Roll call vote: Perkins, yes; Meagher, yes; Brush, yes; Shaw, yes; Hogan, yes; Huhn, yes. Staff is grateful to be able to introduce these amendments for consideration. "11 7 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW. BANG ORMAINE.GOV IN CITY COUNCIL NOVEMBER 23,2020 COrd 21-030 Motion made and seconded for First Reading and Referral to Planning Board Meeting of December 15,2020 Vote: 9—0 Councilors Voting Yes: Davitt,Dubay,Fournier, Hawes,Nichols,Okafor, Schaefer, Sprague,Trmble Councilors Voting No: None Passed CIW CLE IN CITY COUNCIL DECEMBER 28,2020 Cord 21-030 Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes: Davitt,Dubay,Fournier, Hawes,Nichols, Okafor, Schaefer, Sprague,Trmble Councilors Voting No: None Passed CITY LERK