HomeMy WebLinkAbout2008-06-23 08-235 ORDINANCEItemr% 08 235
Date: June 23, 2008
Item/Subject: Ordinance, Amending the Code of the City of Bangor, Chapter 165, Land
Development Code, 4 165-113, Nanning Board Review.
Responsible Depar[mem: Legal
This amendment to the Land Development Code (IDC) is Intended W ensure that developments
comply with all conditions and requirements of the LDC, even R the Nanning Board Inadvertently
approves a site plan not in complete compliance with the LDC. It Is In the aWs interest to
prevent developers with she plan approval from taking advantage of an error In the plan that
would make the development a violation of the LDC, even If part or all of one project at Issue has
already teen consnucted.
While edming law makes It near that approval of a noncompliant plan granted Inadvertently or
in error is not lording on the City, an explicit statement of this fad within the LDC would serve
to protide notice to developers that they must comply with the Cade, even If a noncompliant
element of the plan Is approyed.
The Transportation and Infrastructure Committee recommends approval.
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08 235
Assi�d to Couvcllor Scone lune 23. 2009
CITY OF BANGOR
(T E.) Ordinance, Amending the Code of the City of Bangor, Chapter 165, Land Development
Code, § 165-113, Planning Board Review
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
the Code of the City of Bangor, Chapter 165, § 165-113 be amended as follows:
§ 165-113. Manning Board relew.
For those she developments requiring a land development permit under this chapter and requiring
Manning Board approval uiMer the provisions of Table A in § 165-110, the following procedures will be
followed:
D. and development permit approval.
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IB CTT4 WMIL
June 23. 2008
First sending
Notion Bade and Seconded to
Refer to the Planning Board
Meeting
Motion Doubted
Vote )-1
Councilors Voting Yee: Blanchette
D'Nrrito, Farrington. Gratrlck
Nemec. Palmer and Stone I
Co lor8 Voting No: Mheelei
Ne£ m
CITY CLERK
IN cin =Ncn
July 28, 2008
Motiob rode and Seeo:ded
to Pestpone Indefinitely
e[poned LWefiai[ely
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MEMORANDUM
DATE: July 16, 2008
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Land Development Code
Chapter 165-113 D, Council Ordinance 08-235
Please be advised that the Planning Board at its regularly scheduled
meeting on July 15, 2008 held a public hearing on the above Land Development
Code Amendment.
Planning Officer Gould provided a brief overview of the amendment and
his understanding of what it intended to do. The language was drafted by the
legal office to try and make clear that site development plan approval does not
vest an applicant In the ability to violate a provision of the Land Development
Cade. Mr. Gould explained that the Planning Board's authority is limited to that
that is given it within the Code. The Board does not have the ability to reduce
specific ordinance standards or arbitrarily increase ordinance requirements.
Member Mitchell asked if there was some specific issue that prompted the
new language. Planning Officer Gould indicated on some recent projects there
has been confusion as to the interpretation of the lighting height standard. The
newly adopted provisions call for lights to be no taller than 25 feet. Several plan
sets have been approved that include no light base information or may specify a
base two to three feet above grade in the detail notes. When added together
the three That base and 25 foot pole would make the lights exceed the
ordinance standard that includes the base in the height measurement
Chairman Brown indicated It was the responsibility of the applicant and
their designers to know the Code requirements and comply with them. Planning
Officer Gould noted that in recent years plans are getting more and more
complex Involving multiple sheets and details. The potential that the plan itself
may provide conflicting information is quite possible from page to page. The
Planning Staff spends a large amount of time trying to eliminate conflicting
information and getting enough detail in the plans so there would be no
confusion as to what is intended.
Mr. Gould further noted there is a legal issue as to what rights do vest to
an applicant in Site Plan Approval and whether the proposed language adds any
clarity to that question. It would seem that elements that are not subject to the
Board's revlew (those covered by the criteria of 165-114 or other provision that
specifically gives the Board review authonty) cannot be altered by a Board
approval whether depicted Incorrectly, Inconsistently, or vaguely. what the
Board should ask is does the proposed language add to the clarity of this issue
or not.
Member Mitchell indicated that she did not find adding the proposed
language added any darity to the Issue.
The Hoard voted unanimously not to recommend that the City Council
adopt the proposed text amendment to 165-113 D.