HomeMy WebLinkAbout2008-02-25 08-105 ORDINANCEItem No. 08 105
Date: 4-25-08
Item/Subject Ordinance, Amending the Code of the City of Bangor, Chapter 165, Land
Development Code, § 165-105, Rural Residenceand A gricehural District(RR
8, A), as Enactetl by the City Council on February 25, 2008
Responsible Department: Planning
Commentary:
This ordinance will make die Amendment of Chapter 165, $ 165-105(D), removing radio and
television towers as conditional uses in Rural, Residential and Agricultural Districts, retroactive to July
1,200].
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Managers Comments:
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Budget Approval
Finance Drector
Legal Approval
5 (cit
Introduced for
Passage
% First Reading Page _ of _
•_ Referral To Planning Board for Public Hearing March 4, 2008
06-105
As AMENDED
z 'y CITY OF BANGOR
(TITLE.) Ordinance, Amending the Code of the City of Bangor, Chapter 165, Land
Development Code, § 165-105, Rural Residence and Agricultural District (RR & A), as Passed
by the City Council on March 24, 2008:
Be R ordahcd by Me 6ryofBangor, as follows.
That the Code of the City of Bangor, Chapter 165, § 165-105(D), as amended by the City
Council on March 24, 2008, apply retroactively to all actions and proceedings pending on July
1, 2007, notwtthstanding the provisions of 1 M.R.S. § 302.
08 105
Asaigved to Councilor Palmer February 25, 2008
CITY OF BANGOR
(TITLE.) Ordinance, Amending the Code of the City of Bangor, Chapter 165, Land
Development Cade, Q 165-105, Rural Residence and Agricultural Dlstdct(RR & A), as Enacted
by the City Council on February 25, 2008:
Be It otdahred by Me O'tyof&wW,, as Wbw :
That the Code of the City of Bangor, Chapter 165, 4 165-105(D), as amended by the City
Council on February 25, 2008, be effective retroactively th July 1, 2007.
IN CITY COUNCIL
February 25. 2008
Fits r. Yeaaing dna Heferrat
to me/Plamiag Board,
IN CITY COUNCIL
March 24, 2008
Motion Hade and Seconded
for Passage
Notion Made and Seconded to
Amend by Substitution
Passed
Residents Jim Devitt and Brad.
Swett urged support..
Motion Made and Seconded for
Passage as Amended
Motion Doubted
Vote: 6-2
Covuc ilora Voting Yes:. Blanchette,
D'Errico, Guatwlek. Bowes, Falmer
and Stone
Councilors Voting No: Farrington
and Wheeler
C dots Absent: Creene
Pa ed
IT4 CLB&K
NCF
UOTLBJAtd'-+�g 'w^ ^^a ^f�_4_f
Bangor, Chapter 165. Land Development
Agricultural District (B ) as Enacted by
}y L
Assigned bCovaeBw I#?er
MEMORANDUM
DATE:
March 5, 2008
TO:
The Honorable City Council
FROM:
David G. Gould, Planning Officer
SUBJECT:
Amending Land Development Code
Chapter 165-105(D), to be effective retroactively
To July 1, 2007 Council Ordinance 08-105
Please be advised that the Planning Board at as regularly scheduled meeting on March 4,
2008 held a public hearing on the above Land Development Code Amendment,
Planning Officer Gould indicated the proposed language was developed to make certain
portions of the previous land development Code amendment (O&104) retroactive to before
the approved July 3, 2007 AM radio application.
Jim Devitt of 59 Hudson Road was in support of the proposed amendment because It
would correct the Oversight in the land development code that provided for radio towers in
a location where they would not Rt in.
Beverly Shumaker 208 Finson Road indicated she was very, much in support of business but
did not feel out of state business interests should trump the local citizens and taxpayers.
Ms Shumaker was also concerned about the City's codification process and scheduling of
hearings.
Greg Swett, 260 Pinson Road was in support of retroactivity because if the previous tower
project were constructed R would have negative implications an property values around it
Steve Daniels, 208 finson Road noted he was in support of the retroactivity, Provision.
Member Rosenblatt asked the Assistant City Solicitor w clarify why the retroactiry proposal
was an issue far the Planning abard when it only dealt with the effective data of the
amendment and not the amendment itself. Assistant City Solicitor Paul Nickles indicated
Mat the Ordinance change was an amendment to the Land Development Code and
therefore would procedurally cane to the Planning Board for hearing and recommendation.
The Board voted 4 in favor and 2 opposed to recommend the City Council adopt OB -105.
The minority view was that R was poor practice to change ordinance provisions
retroactively after someone has relied on them In good falth.