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HomeMy WebLinkAbout2025-05-12 25-155 Ordinance25-155 05/12/2025 CITY COUNCIL ACTION Council Meeting Date: May 12, 2025 Item No: 25-155 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 165, Land Development Code, by Clarifying Certain Requirements for Land Development Permits Summary This Ordinance will amend Chapter 165, Land Development Code, by providing additional clarification for land development permits. Specifically, the amendments would require a phasing plan for certain types of developments that shows the work that will be completed before certificates of occupancy are issued, increases flexibility surrounding the expiration of land development permits, and would prevent a land development permit application from being accepted if the applicant has outstanding violations of the Land Development Code. These changes will help clarify the timing of certificate of occupancy issuance for phased developments, reduce the applicant and staff burden when permits expire and re -approval is necessary, and help ensure that Code violations are addressed. Committee Action Committee: Planning Board Action: Staff Comments & Approvals Meeting Date: May 20, 2025 For: Against: This item was reviewed and recommended for action by the Business & Economic Development Committee on March 3, 2025. z 'v- City Manager Director Introduced for: First Reading and Referral City Solicitor 4inance 25-155 05/12/2025 CITY COUNCIL ORDINANCE Date: May 12, 2025 Assigned to Councilor: Fournier ORDINANCE, Amending Chapter 165, Land Development Code, by Clarifying Certain Requirements for Land Development Permits. WHEREAS, at present, land development permit applicants are only able to request extensions of time to complete projects if they apply prior to expiration; WHEREAS, at present, the Code is not clear on the process for issuing certificates of occupancy for phased developments or developments involving partial occupancy prior to completion; WHEREAS, at present, the Code allows for a land development permit to be issued regardless of whether the applicant has outstanding violations of the Land Development Code; WHEREAS, the proposed amendments would rectify these issues by providing necessary clarification and flexibility to the Code; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor is amended as shown below: § 165-112 Submittal requirements. B. Contents of site plans shall include the following: (2) Contents of major site development plan. In addition to the information required for a minor site development, the following information will be required for a major site development plan: (h) Land development applications involving phases, or where partial occupancy is anticipated prior to project completion, must show a phasing plan that demonstrates the site improvements that will be completed in each phase prior to the structures/units being occupied. Site improvements include, but are not limited to screening, planting, landscaping, and stormwater treatment measures. § 165-113 Planning Board review. For those site developments requiring a land development permit under §165-109, the following procedures will be followed: A. Application initiation. After the Staff Coordinator receives an application, they shall forward the application and all plans and specifications to the Code Enforcement Division, Planning Division, 25-155 05/12/2025 Engineering Department, and any other staff as appropriate for processing. Staff shall determine whether the application is technically compliant and notify the Staff Coordinator and Planning Officer of their findings, along with any recommendations. No land development permit application shall be accepted if the applicant has outstanding notices of violation of the Land Development Code on the subject property, or on another property. Once the applicant has remedied all outstanding violations, provided that all other requirements of the Land Development Code are met, the land development permit application may proceed through the review process. E. Administration of approved land development permits. (2) Expiration of the applicable dates, as they may be extended by the Code Enforcement Officer, prior to commencement or substantial completion of work shall void the applicant's land development permit unless the applicant has obtained, prior to expiration, a further extension as a minor revision to the applicant's development plan. Any such further extension initially shall be for no more than one year from the date the extension previously granted by the Code Enforcement Officer expires; provided, however, that the applicant may obtain, within 90 days after expiration, additional extensions as a minor revision to the applicant's development plan so long as each additional extension is for no more than one year. In connection with any such request for a minor revision, the applicant shall submit a narrative explanation of why the applicant has not commenced or substantially completed work. Any such request for a minor revision shall be approved only upon determination that: (a) The applicant has diligently pursued their obligations under land development approval; (b) A further extension is justified by adverse weather, by delay in material delivery due to no fault of the applicant, or by other valid reason; (c) There have not been material land use or other changes in the vicinity of the project; (d) There have not been material changes to the provisions of the Land Development Code that apply to (or that would apply to) the project; and (e) Except for changes to the project that are permitted as minor revisions to the applicant's development plan, the applicant is not seeking to make other changes to the project. (f) If there has been a change in ownership since the original approval and the original project involved a bond, a new bond has been provided. (g) The project does not involve a subdivision. If the project is a subdivision, it must be reviewed by the Planning Board under the provisions of §165-126, provided that no changes are proposed to the plan and the zoning for the property has not changed. If any changes are proposed or the zoning has changed, further action on such projects shall require the applicant to restart the land development permit process. (3) Applicants that have not commenced work or substantially completed work after two extensions via the minor revision process shall have their land development permits become void. Further action on such projects shall require the applicant to restart the land development permit process. F. No certificate of occupancy shall be issued by the Code Enforcement Officer unless: (1) All improvements shown on the approved plan, including but not limited to screening, planting,, landscaping, and stormwater treatment, are completed. For projects that include a phasing plan, the site improvements shown on the approved plan for each phase must be completed prior to certificates of occupancy being issued for the units/structures in that phase. If changes occur during construction, a minor site plan revision will need to be approved for the changes prior to certificates of occupancy being issued. Additions underlined, deletions struck li ECONOMICCOMMUNITY &_ DEVELOPMENT 1, CITY OF BANGOR. PLANNINGr DIVISION Memorandum To: Honorable Bangor City Council Debbie Laurie, City Manager From: Anja Collette, Planning Officer Date: May 21, 2025 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation May 20, 2025 Amending Chapter 165, Land Development Code, by Adding a General Public Safety Use to the Airport Development District (ADD) 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 May 20, 2025. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were Chair Reese Perkins, Vice Chair Jonathan Boucher, and Members Trish Hayes, Mike Bazinet, Ted Brush, Ken Huhn, and Janet Jonas. Planning Officer Collette briefly reviewed the proposed amendment. From the staff memo: A. This proposed change would update the City's Land Development Code to add a new public safety use to the Airport Development District (ADD). Currently, this zone allows for various aviation uses, some manufacturing and industrial uses, hotels and motels, offices, transportation, restaurants, schools, and daycares. However, there is no option for government uses such as public safety. B. The proposed new City fire training facility is slated to be located on airport property in the ADD zone, but would this use not fit into the list of currently allowed uses in this zone. A general public safety use would allow for this and any other public safety -related uses to be located in this area in the future. Additionally, this type of use would not be out of alignment with the other allowed uses in the zone. There were no comments from the Board or the public. Member Huhn moved to recommend to City Council that the proposed amendments ought to pass. Member Brush seconded the motion. The motion passed 7.0 with all members voting in favor. The result of the vote is that a majority of Planning Board members voted to recommend that the 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-42SO FAX: (207) 945-4447 VVvVW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 5.20.2025 Land Development Code — Airport Development District — Public Safety Use proposed amendments ought to pass. Anja Collette Page 212 IN CITY COUNCIL MAY 12, 2025 COrd 25-155 First Reading and Referral to Planning Board on May 20, 2025 �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� CITY CLERK IN CITY COUNCIL MAY 28, 2025 COrd 25-155 Motion made and seconded for Passage Vote: 7—0 Councilors Voting Yes: Beck, Deane, Fish, Fournier, Mallar, Tremble, Pelletier Councilors Voting No: None Passed �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� CITY CLERK