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HomeMy WebLinkAbout2025-05-12 25-154 Ordinance25-154 05/12/2025 CITY COUNCIL ACTION Council Meeting Date: May 12, 2025 Item No: 25-154 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 165, Land Development Code, by Adding a General Public Safety Use to the Airport Development District Summary The 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. The proposed new fire training facility is slated to be located on airport property in the ADD zone, but would 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. Committee Action Committee: Planning Board Action Staff Comments & Approvals Meeting Date: May 20, 2025 For: Against: This amendment was reviewed and recommended for action at the Business & Economic Development Committee meeting on April 23, 2025. City Manager City Solicitor Finance Director Introduced for: First Reading and Referral 25-154 05/12/2025 CITY COUNCIL ORDINANCE Date: May 12, 2025 Assigned to Councilor: Fish ORDINANCE, Amending Chapter 165, Land Development Code, by Adding a General Public Safety Use to the Airport Development District (ADD). WHEREAS, at present, this zone allows for various aviation uses, some manufacturing and industrial uses, hotels and motels, offices, transportation, restaurants, schools, and daycares, but there is no option for government uses such as public safety; WHEREAS, the proposed new fire training facility is slated to be located on airport property in the ADD zone, but would not fit into the list of currently allowed uses in this zone; WHEREAS, 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; WHEREAS, the proposed changes would update the City's Land Development Code to add a public safety use to the Airport Development District (ADD); 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 follows: C. Permitted uses. The following uses are permitted in this district: (14) . Public safety uses, such as fire protection and law enforcement (44 15) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses. DEVELOPMENT 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 Clarifying Requirements for Land Development Permits Certain 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 amendments. From the staff memo: A. This amendment was discussed at the March 4, 2025 meeting. Three changes to the Land Development Permit provisions are proposed - requiring a phasing plan for certain types of developments (where partial occupancy is anticipated prior to completion) that shows the work that will be completed before certificates of occupancy are issued, increasing flexibility surrounding the expiration of land development permits, and preventing a land development permit application from being accepted if the applicant has outstanding violations of the Land Development Code (whether on the subject property or a different property). B. The changes to the expiration language would allow applicants to apply for an extension within 90 days after expiration instead of requiring application prior to expiration, and would also clarify the process when there's been a change in ownership and the project involved a bond, and where the project involves a subdivision. C. These changes would 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. 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 — Land Development Permit Requirements Vice Chair Boucher asked if a new land development application would prompt a review of the applicant's other properties to determine if there were code violations. Planning Officer Collette clarified that it would only involve searching to see if there were outstanding official notices of violation, which are documented on paper. It wouldn't involve a review to find code violations that were not known about previously and that had no official notice of violation. Vice Chair Boucher asked how LLC's would be handled for the land development code violations. Collette stated that the current submission requirements for land development applications require a list of owners in the company or entity if it is something like an LLC that is an applicant. Staff could then look to see if the owners of the LLC had any outstanding violations. This process would be similar to how ownership documentation for short-term rental applications is reviewed to determine compliance with those regulations. Boucher asked for confirmation that if a member of the LLC had outstanding violations, that the LLC then couldn't move forward with the new land development permit. Collette confirmed that would be the case. Chair Perkins asked if this would only apply to cases where notices of violation were issued after the ordinance passage. City Solicitor Szewczyk clarified that the process would be if someone applies for an application after this ordinance goes into effect, it would trigger a review for any outstanding notices of violation, regardless of when those notices of violation were issued. There were no comments from the public. Vice Chair Boucher moved to recommend to City Council that the proposed amendments ought to pass. Member Bazinet 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 proposed amendments ought to pass. Anja Collette Page 212 IN CITY COUNCIL MAY 12, 2025 COrd 25-154 First Reading and Referral to Planning Board on May 20, 2025 �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� CITY CLERK IN CITY COUNCIL MAY 28, 2025 COrd 25-154 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