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ORDINANCE AMENDMENT # 2 DRAFT FIRST
READING LANGUAGE NOTES TO READER: Note # 1: The Council adopted amendments to the Contract Rezoning Ordinance at its meeting of October 2, 2007. The proposed amendments identified in this draft are based on language in the Code, as such was amended on October 2nd.
Note # 2:
All language proposed to be added to the Ordinance is shown in
bold, italics and underline font. All language proposed to be
deleted from the Ordinance is shown in
CITY CODE OF ORDINANCES DIVISION 2. OFFICE PARK DISTRICT, ROUTE 3 COMMERCIAL DISTRICT, AND SEARSPORT AVENUE COMMERCIAL DISTRICT Sec. 102-1381. Authority and purpose contract rezoning for specific Districts and floating zone for Searsport Avenue Commercial District. This division is adopted pursuant to the authority delegated to municipalities under 30-A M.R.S.A. § 4352(8), and the city comprehensive plan. This section of state statutes describes when and how a city can use contract rezoning. The council also adopted revisions to the adopted comprehensive plan to specifically allow the use of contract rezoning to regulate certain large-scale retail uses in specific zoning districts, and to grant the Council discretion in determining what projects should be subject to contract rezoning. (Ord. No. 4-2001, 7-17-2001, Ordinance ) Sec. 102-1382. Searsport Avenue Commercial District. Floating zone to regulate certain retail uses and structures that are more than 40,000 square feet in size, but less than 75,000 square feet. {Note to Reader No changes required.} Sec. 102-1383. Applications subject to contract rezoning. The following applications are subject to the contract rezoning process established in this section: (a) An application to establish any retail use or structure pursuant to Section 102-799(2), or any shopping center pursuant to Section 102-799(6) of the Searsport Avenue Commercial District. (b) An application to establish any retail use or structure pursuant to Section 102-775(a) of the Office Park District. (c) An application to establish any retail use or structure or any shopping center pursuant to Section 102-768-A, subsection a. of the Route 3 Commercial District. (d) An application for a use permit, site plan permit, subdivision permit or similar permit for any use or structure located on the following properties, as such were shown on the October 2, 2007 City Tax Assessor maps, shall require review pursuant to the contract rezoning process: Map 5, Lots 11, 19A, 19, 21, 23, and 36A; reference Section 102-768-A, subsection b. If the proposed use is less than 75,000 square feet in size, or involves only a subdivision of the property, the application shall be exempt from the requirements to conduct the comprehensive economic and community impact study identified in this Division, and the Intown Design Review Committee shall not participate in review of the application. (Ord. No. 4-2001, 7-17-2001) Sec. 102-1384. Contract rezoning process. An application identified in Section 102-1383 shall be subject to the contract rezoning process identified in Sections 102-1385 through 102-1388, and an adopted contract rezoning agreement shall identify conditions which an applicant must satisfy, reference Sections 102-1389 and 1390. The City Council, however, may vote to exempt an application to develop a retail use or structure that is less than 75,000 square feet in size from the requirement to conduct a Phase 1 or Phase 2 comprehensive economic and community impact study. Further, an application subject to contract rezoning pursuant to Section 102-768-A, subsection (b), is exempt from requirements to conduct a Phase 1 or Phase 2 comprehensive economic and community impact study if the use or structure is less than 75,000 square feet in size, or the application involves only a subdivision of any property.
Section 102-1385
Sketch (Concept) Plan Review. (a) Applicant Submission. The applicant shall submit a sketch (concept) plan of its site plan application to the city Department of Planning and Community Development that identifies the proposed layout of the project and that describes the proposed project. The purpose of this submission is to provide the City Council, Planning Board. Intown Design Review Committee and public an initial opportunity to understand the applicant proposal, for the Council, Planning Board and Intown Design Review Committee to provide direction to the applicant regarding the proposal, to allow the City to analyze economic and municipal revenue/service impacts (Phase 1 comprehensive economic and community impact study) associated with the proposal, if such impact study is required, and to allow the City to consider traffic impacts. The Intown Design Review Committee, however, shall only participate in the review of an application for the Route 3 Commercial District submitted pursuant to Section 102-768-A, subsection a. The sketch plan, at a minimum, shall identify the following information: {Note to Reader No other changes to this section}. (b) Meeting Schedule and Public Notice. The Department of Planning and Community Development shall review the sketch plan application and determine if sufficient information has been submitted to schedule the application for a meeting with the City Council, Planning Board and Intown Design Review Committee. The Intown Design Review Committee, however, shall only participate in the review of an application for the Route 3 Commercial District submitted pursuant to Section 102-768-A, subsection a. The Department shall determine if an application is complete within thirty days of receipt of the application. If the Department deems an application is complete, it shall take the following actions: {Note to Reader No other changes to this section}. (c) Joint City Council, Planning Board and Intown Design Review Committee Meeting and Hearing. The City Council, Planning Board and Intown Design Review Committee shall meet in joint session(s), which the Mayor shall chair. The Intown Design Review Committee, however, shall only participate in the review of an application for the Route 3 Commercial District submitted pursuant to Section 102-768-A, subsection a. The joint bodies shall review the sketch (concept) plan application and shall provide direction to the applicant regarding major issues associated with project development, including the preparation of a Phase 1, comprehensive economic and community impact study, if required; reference Section 102-1385(d). The intent is to achieve a mutual understanding among the Council, Planning Board, Intown Design Review Committee and applicant regarding how project development should occur. The joint bodies, at the conclusion of the Sketch Plan review process, shall issue a written finding that describes direction provided to the applicant and information which should be submitted for subsequent project reviews. This finding may reference public comment offered at the public hearing. If preparation of a Phase 1, comprehensive economic and community impact study is required, the written finding shall be incorporated as a component of the Council decision regarding the impact statement. The joint bodies shall conduct a public hearing on the sketch plan application. The hearing is intended to provide the public an opportunity to comment on the application, including preparation of the Phase 1 comprehensive economic and community impact study. (d) Comprehensive economic and community impact study, Phase 1. {Note to Reader No other changes to this section}.
Section 102-1386. Preliminary Plan Review. (a) Preliminary plan review process. {Note to Reader No other changes to this section}. (b) Planning Board review of application. {Note to Reader No other changes to this section}. (c) Intown Design Review Committee review of application. Concurrent with Planning Board review of a preliminary plan application, the Intown Design Review Committee shall meet in separate session to review the proposed building design, specifically the building faηade and signage. The Intown Design Review Committee, however, shall only participate in the review of an application for the Route 3 Commercial District submitted pursuant to Section 102-768-A, subsection a. Committee review may involve consideration of proposed building materials, surface treatments, and entries, canopies, windows and other penetrations. Committee review will not consider factors such as, but not limited to, shape, size and height of buildings, landscaping, lighting, parking lot configuration and other components of a project that are subject to Planning Board review. The Committee shall offer its written recommendations to the Planning Board, and the Planning Board shall incorporate such recommendations in its written finding on the preliminary plan. The Committee will complete its review within the same time frames which apply to Planning Board review of an application. The Intown Design Review Committee will provide an opportunity for public comment at the first meeting at which it reviews the application, but it is not required to conduct a public hearing. The City Planner or his designee will serve as a non-voting facilitator at each Intown Design Review Committee meeting. (d) Decision on preliminary plan. The Planning Board shall vote to approve or deny the Preliminary Plan. {Note to Reader No other changes to this section}. Section 102-1387. Final Plan Review {Note to Reader No other changes to this section}. Section 102-1388. Council Review. {Note to Reader No other changes to this section}. Sec. 102-1389. Amendment to contract rezoning agreement. {Note to Reader No other changes to this section}. Sec. 102-1390. Conditions of contract rezoning. {Note to Reader No other changes to this section}. Sec. 102-1391. Minimum goals that an applicant shall satisfy and the City shall address in considering a contract rezoning agreement for adoption.
An application {Note to Reader No changes for subsections (1) (7)} (8) Comprehensive economic and community impact study. The City will assess and consider the impact of the proposed development on issues such the amount of impact on municipal facilities and services, the amount of tax revenue generated verses new estimated municipal expenditures, and the impact of the project on the local economy, including existing retail operations. Reference requirements of the Phase 1 and Phase 2 comprehensive economic and community impact study for factors that will be considered. Such study is not required for an application submitted pursuant to Section 102-768-A, subsection b., if the retail use or structure is less than 75,000 square feet, or the application involves only a subdivision of the property. Sec. 102-1392. Appeal of City Council Decision {Note to Reader No other changes to this section}. Sec. 102-1392. Cost of contract rezoning process. The applicant shall pay all costs associated with City review of a contract rezoning application, whether or not the application is approved by either the Planning Board or the City Council. The fee schedule is as follows. (a) Sketch Plan Application. 1. The applicant shall pay an application fee of $2,500.00 upon submission of a Sketch Plan application. This fee is for expenses incurred by the City in processing the application and providing public notice. 2. The applicant shall pay the City cost to prepare the Phase 1 comprehensive economic and community impact study, if such a study is required. The specific amount of this fee shall be determined upon City selection of a firm to prepare the assessment, however the fee likely will be no less than $40,000. The applicant shall pay this fee prior to the City authorizing the firm to prepare the analysis. (b) Preliminary Plan, Final Plan and Council review. {Note to Reader No other changes to this section}. Section 102-1393 Definitions. {Note to Reader No other changes to this section}. |
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