The URL can be used to link to this page

Home My WebLink About2008-01-28 08-070 ORDINANCEItem No. Date: 12-10-07 Item 170- Item/Subject: Ordinance, Amending Chapter 23, § 2 and § 23-11, and Chapter 165, § 165-6(D), § 1659(8)(5), § 165-113(C)(1), 9165326, and § 165-128, tolncrease the Membershipof the Planning Board Responsible Department: Planning Commentary: Councilor Wheeler has requested that the Council consider increasing the membership of the Planning Board from fore voting members m seven voting members and eliminating the three "associate" positions. The basis for the recommendadon is concem that Associate Members may become discouraged and loose Interest since they cannot be assured that they will be able to rote on any particular iswe and that a larger Planning Board would ensure broader representation and Participation. The associated amendments implement this change, specify thatfive members must be present for a quorum, and oWine voting requirements. As proposed, a majority of the members of me Board are required to vote affirmatively on those issues where the action of the Planning Board is final as to the City. This would require at least four affirmative votes on site plan approvals, conditional uses, and subdivislorm. In those instances where the Planning Board is maldng a recommendation to the Council, such as on re -zonings or land development code tect amendments, an affirmative vote would be required of only those members present, given that a quorum (at least five members) is present. Recommendations, therefore, mid be made with as few as three members, rather than the minimum of four required for final actions. There was a consensus at Committee to expand the Board to seven and eliminate associates. Most of the discussion focused on quorum and voting requirements. Department Head Managees CommCyaan'ds-�L,�� D IN P#�UIN WK I°q�..e.�nd/h{NV IX/WL(0 �.wu.an. wQ 4-gl yo•wwr..wv.(an City Manager a Amoclabed Information: pY.ne�+.Mf-Ya.rwy]O w+� Budget Approval: Finance Director Legal Approval: i s C, ty 5oliciror Introduced for Passage x First Reading Page _ of X Referral To TIC, 1-22-08 Ot 5 p.m, and Planning Board, 1-22-08 m7 p.m. MEMORANDUM DATE: February 7, 2008 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBOECT: Amending Land Development Code Chapter 165-6(D), 9 (B)(5), 113(C)(1), 126 and 128 Council Ordinance 08-070 Meese be advised that the Planning Board at its regularly scheduled meeting on February 5, 2008 had a Public Hearing on the above land Development Code Amendment, Planning Officer Gould indicated the proposed language was developed to compliment the expanded membership of the Planning Board to seven full members. The amendment includes both Land Development Code changes as well as, changes to other City Codes. Mr. Gould noted that he was In support of Increasing participation of the public in development review via expanding the Board's membership. Mr. Gould noted he only had a slight uneasiness about having no back-up members to maintain a quorum. Lastly Mr. Gould noted he thought it might be difficult for applicants to understand if five members were voting, a vote of three in favor to two opposed would In fact be a denial. There were no proponents or opponents to the proposed Land Development Code amendments. Associate Member Barnes Indicated he was strongly in favor of the proposal as written, he did not feel associate members should invest a large amount of time month after month and not be able to participate and vote on important development Issues. Member Rosenblatt noted while he was in support of an expanded membership he was not comfortable with the proposed changes in quorum or voting. Requiring four votes for an approval from a five member quorum would likely deny some projects that otherwise would obtain approval. Mr. Rosenblatt indicated he did not want to see the approval process became mare difficult for applicants as a trade off to a larger Board. Member Theeman indicated he also supported the expansion of the membership to seven full members but did not support the changes in quorum or voting standards. Member Mitchell Indicated she had been an associate member for some time but was in favor of expanding the Board to seven full members. She did have concerns about requiring four affirmative votes from five members present. Associate Member Brown inquired if there was some governing statute or case law that may provide guidance. Planning Officer Could noted that Site Plan Review Is a choice the City makes under its home rule authority. The review and approval Is not required at all and as such, the CINs Code could set the voting standard at any number it saw fit so long as the decisions were not arbitrary or inconsistent with the Ordinance provisions. Chairman Guerette Indicated he thought it would be less than business friendly to deny applications that receive three affirmative votes from five members present and voting. The Board did discuss the proposed alternative drafted by the City Solicitors Office and procedurally how the Board should deal with the two choices. Planning Officer Gould Indicated that there is technically only one amendment before the Board that contained in C.O. # 08-070. It has been advertised and sent to the Planning Board for recommendation. The Land Development Code provides (1653 E) a proposed amendment that has been disapproved by the Planning Board may be enacted only by a two-thirds vote of the Ory Council. Member Mitchell asked ff the Board did not support the original version did It imply that they supported the alternative. Mr. Gould indicated it did not. The Board should act on what is in front of them and if they desire to provide guidance on some other aftemative they may do so. The Board voted one In favor and five opposed to the proposed Ordinance Amendment (C.O. # 08-070). The Board then voted in support of an alternative option that would set the quorum at four members and set required votes to the majority of those present and voting. The Board voted four in favor and two opposed to the alternative language drafted by the City Solicitors Office. The amended version Is attached. CITY OF BANGOR (TITLE.) Ordinance, Amending Chapter 23, § 23-4 and § 23-11, Chapter 165, § 165-6(D), § 165- 9(8)(5), § 165-113(C)(1), §165-126, and § 165-128, and Chapter 271, § 271-9(B), to Increase the Membership of the Planning Board Win Five Voting Members to Seven Voting Members. Be it ordained by the City of Bangor, as follows: Section 1: That Chapter M, § M-40 be amended as Mims: § 23-4. Establishment, membership ouarum. A. There is hereby estath fished a Planning Board for the City of Bangor which shall consist of Ivies FOyeD members who shall be appointed by the City Council. The Nanning Boats shall, after the effective date of this amde, ad as a Nanning Board under rhe provisions of the revised stat of Maine, as amended. B. A optimal shall Section 2: That Chapter 23, § 23-31, be amended as follows: § 23-11. Compreberyu a Plan. It shall be the duty of the Planning Board to make and adopt a Comprehensive Plan of the City and to perfect it From time m time. Such Comprehensive Plan shall show einsting and desimNe streets, highways, street grades, bridges and tunnels, viaducts, public peces, parks, parkways, playgrounds, roadways in streets and parks, sites for public buildings and structures, use and building zones, Harbor Commissioners lines, waterways, routes of rzllroads and buses, locations of sewers, water conduits and other pudic dahlias and other planning features. Such Cariprehenswe Plan shall be established, added to and changed from time to time by a majority vote of the dip e! the Planning Board members in Attendance when adoption of the plan is considered. It shall be a public record, but its purpose and effect shall he solely, to aid the Nanning Board in the performance of its; duties Session 3: That Chapter 165, § 166-6(D), be amended as follows: § 165-6. AmeMmems. 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: D. Nanning Board action. The Planning Board shall make its recommendations to the City Council in writing within 30 days of any public hearing conducted pursuant te this chapter, provided, however, that to constitute Planning Board approval a proposed amendment must receive of us; go an F WMARIONYea maioritir of amrmadme votes from 9fthe Plannin Board members in attendance when the amendment is considered. Said thirty -day period may be extended for an additional 30 days by vote of the Board. Failure of the Board to issue its recommendations isG4n.8, That Chapter 271,§271-9(9), be amended as follows: § 271-9. Amendments; hearing and notice; exemptions. B. After the pudic hearing, Me Planning Board shall submit its written r nnnnendahcns to the City Councll. A proposed amendment which has been approved by amalc rity of affirmative votes 9[the Planning Boats members in abliandance when blue amendamemb Is considered may be enacted by a majority vote of the CM1y, Council. A Proposed amendment which has been disapproved by the Planning 9oarcl may be enacted only by a two-thirds vote of the City Council. Within said Nifty -day Period, or extension thereof, shall constitute Boar approval of to Proposed! amendment. $xGan 4: That Chapter 165, § 165-9(B)(5), be amended as follows: § 169-9. Conditional uses. B(5) Within 20 days after the public heading, the Planning Board shall vote to deny, approve, conditionally approve or approve wit modifications the requested conditional use; payload, however, that no conditional use shah be approved unless it receives atIFR seHnee a maiosim of affirmative votes of the Planning Itcard menniamars a attendance at the mi ing when the conditional use is considered. The Boar shall then inform the applicant and the Cade Enforcement Officer of Is dedslan in writing. SCGtion 5: That Chapter 165, § 165-113(C)(1), be amended as follows: § 165-113. Planning board review. C(1) The Planning Board shall review to application and plans at Its neat regularly scheduled meeting (w a special meeting calletl by the Planning Boar). The Boar shall make a final determination on the completeness and eligibility of any application and Pains for Planning Bond action. If final approval of a land development permit is before to Boar (and to application and plans are complete), to Boar shall, within 21 days after the tate of such review, either approve, approve with mcdiFlcetions and/or conditions or disapprove the request However, no land development permit will be approved unless it receives at lissat 0me a maiorithr of affirmative votes of tit mearnbers In attandance at the when Me awficarldion and-glidalt are considered. If a majority of to Boar shall so order,ri shall hold a pudic heading on any permit application for a land development permit which does not otherwise require a public hearing. Section : "A Chapter 165, § 165-126(X), be amended as follows: § 165-126. Minor sub livislon. H. Action by the Planning Board. The signature of a majority of the Planning Boar members (three of - five lesaHr•fg nnembers) on tis final lotting plan shall constitute Real approval of a minor subdivision. If disapproved, to Planning Officer shall notify the subdivider, in writing, of to reasons for such disapproval and shall return to reprotlucible copies of to final plat W to subdivider. �i That Chapter 165, § 165-128(1), be arsenal as follows: §165-128. Major subdivision. 1. ARbn byte Planning Boar. The Planning Board shall determine whether to major subdivision final plat shall be approval or disapproved. Apnraval mouses a mil itv of affirmative votes membsims in when Me subdinstalon Isc ns . If approved, those members of to Planning Boar voting in favor OF approval shall affix their signatures W to two reproducible wples Of the final plat and return one be to su scli for filing at to Registry of Demos: If disapproved, to Planning Officer shall notify to subdNicer, in writing, of to reasons for such disapproval and shall return the reproducible copies of to final plat m to subdivider. 08 070 9gtion 4: That Chapter 165, § 165-91 be amended as follows: § 169-9. Condibonal uses. B(5) Within 20 days after the public hearing, the Planning Board shall vote to deny,approve, owditionally approve or approve with modlfiahons the requested conditional use; provided, hoverer, that w wndbonal use shall be approved unless b recevee afa4maa Gree a majority of affirmative voter of the Mannino Board membea fi.e. four votes). The Boardshall then inform the applicant and the Code Enforcement Officer of th decision In ending. See lee.8: That Chapter 165, § 165-113(C)(I), be assail as follows: § 165-113. Planning Board reviser. C(1) The Planning Board shall review the appliatlon and plans at a next regularly scheduled meeting (or a special meeting called by the Planning Board). The Board shall make a final determination on the completeness and eligibility of any application and plans for Planning Board action. If final approval of a land develcpme t pemrb is before the Board (and the applkatmn and plans are complete), the Board shall, Within 21 days after the tate of such review, ether approve, approve with modifiabons ani conditions or disapprove the request However, m land development permit will be approved unless it receives At eank thm, a majority of affirmative votes 91 planning Board members fil four voted. If a majority of the Board shall so order, R shall hold a public hearing on any permit application for a land development permit which does not ottiervirse require a public hearing. Section -6 That Chapter 165, § 165-126(H), has anneal as follows: §165-126. Minorsubdivision. H. Acton by the Planning Board. The signature of a majority of the Planning Board members (etre s ofB v-vag&Aaw foe&methbers) on this final betting plan shall wnsti[ute final approval of a minor subdivision. If disapproved, the Planning Officer shall notify the suWivWer, in writing, of the reasons for such disapproval andshail return the reproducible copies of the final plat W the subdivider. - Section.7 That Chapter 165, § 165-128([), be amendetl as fellows: § 165-128. Major subdivision. I. Action by the Planning Bound. The Planning Board shall detarmine whether the major subdivision final plat shall be approved a reapproved, Aooroval raoujres a Mail of affirefiefifirs des of the Planning Board members (ie., four votes) If approved, those members of the Planning Board voting in favor of approval shall affix their signatures to the two reproducible copies of the final pat and realm we to the sulich lder for filing at the Registry of Deeds. If disapproved, the Planning Wca shall noddy the subdencer, In writing, of the reassess for such disapproval and shall return the reproducible copies of the final plat W the subdivitler. !lection -8, That Chapter 271, § 271-9(B), be amended as folbws: § 271-9. Amendments; hearing and notice; exemptions. B. Amer the public hearing, the Planning Board shall submit It written recommendations to the Oty Council. A propaetl amendment much has been approved by a majority of afBmmtive vote 9Lthe Planning Board apatialairs In attendantsmay be enacted by a majonty, vote of the City Coundl. A proposed amendment which has been dlseppi by the Planning Board may be enacted only by a two-thirds vote of the City Council. c 0]-024,_ nontaavrx S�iwov Amending Cheptax 236eeptim 23-6 Xm (5)secti,a G"pter Z/11). sett}oa 165-126 t and pier tt ). to Increase the Meaberahlp of. tba Planning - on va w seven of ngexe aewtaro coencaa.._1u6JA ___ 58 070 F Assigned to emweilor Wheeler ]aniury 26. 2008 CITY OF BANGOR (TITLE.) Ordinance, Amending Chapter 23, § 234 and § 23-11, Chapter 165, § 165.6(D), § 165- 9(13)(5), § 165-113(0)(1), §165-126, and § 165-128, and Chapter 271, § 271-9(13), to Increase the Membership of the Planning Board from Five to Seven Voting Members, Be it ordained by the City of Bangor, as follows: Section L: That Chapter M, 4 23-0. ba amended! as follows: § 23-9. Establishment; membershipygQrumm. 6 There is hereby established a Planning Board for the Cry of Bangor which shall consist of the gnyaD members an A 11h F F R mg n AR &P s P sh Pie who shall be appointed by the City Councl. The Planning Board shall, after the effertive date of this amide, ac as a Planning Boats under the provisions of the reused statutes of Maine, as amended. A A auorunn shall consist a fin Planning Ugard members. Section 2: That Chapter 23, 123-11, be amended as follows: § 23-I1. Comprehensive Plan. It shall he the duty of the Planning Board to make and adopt a Comprehensive Plan of are City and to perfect it from time to time. Such Comprehensive Plan shall show exbting and desirable streets, highways, street grades, bridges and tunnels, viadu¢s, pubfc places, pares, parkways, playgrounds, roadways in streets and parks, sits for public buildings and structures, use and building zones, Harbor Commissioners' (Ines, waterways, routes of railroads and buses, locations of sewers, water conduits and other public Whites and other planning features. Such Comprehensive Plan shall he established, added to and changed from time to time by a majority vote of the areas massive am lis 9119 e Planning Board members in attendance when adoption of the plan's considered It shall be a publk record, hot its purpose and effect shall lu solely to aid the Planning Board in the performance of its duties. Section 3: That Chapter 165,§165-6(D), be 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 Me following requirements and procedures: D. Planning Board action. The Nanning Board shall make Its recommendations to the Cry Council in writing within 30 days of any Public hearing conducted pursuant to this chapter', provided, however, that to constitute Nanning Board approval a proposed amendment must receive at least ihree affirmative a maiocty of affirmative votes from gLthe plennina Board membersin attendance when the amendment is considered. Said thirty -day period may be extended for an additional 30 days by vote of the Board. Failure of the Board to issue Its recommendations within said thirty-0ay period, or extension thereof, shall ccostibne Board approval of the proposed amendment IB CITY C mem J ry 28. 2008 n t Readlag CITY CL11g K IB CI'PY CBDBCIL February. 11. 2008 Botioa Bade and Seconded fok Passage Bob Goarrette, Planing Board Male, exfressed coucem ow I at Its voting requirements in [his Ordinance and Stated that tIm Planting Board would ratheri, stay s is tetter Chan limit the 'votiag regoireaeuts Vote ]-1 Councilors voting yea: Blanchette, D'grrlco, Farrington. Bayes. Palmer Ston and Bheeler Councilors voting No: Cretrick Councilor Absent: Greene Pised y nn-n]n wcm 23-11. �Pter�*�aen0) a 23-I1. Chapter 165, Sec. 165�<O16 Sec ansee 165- 28 andSIli(eI II)a 1 See and see 1t3-128 and Chapter 2711 Sec of the f a m fivecea.. of [fie flaming Sears from five to Seven nmiwad to caunaior_ T_