[Ord. of 1-29-2008(3)]
This division is adopted pursuant to the authority delegated
to municipalities under 30-AM.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. of 1-29-2008(3)]
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 subsection
102-799(2), or any shopping center pursuant to subsection
102-799(6) of the Searsport Avenue Commercial District.
(b)
An application to establish any retail use or structure pursuant
to subsection 102-799(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 a parcel identified as Map 5, Lot 23, as such parcel is depicted on the City Tax Assessor maps in effect on April 1, 2013, shall require review pursuant to the contract rezoning process. An application for any such permit or permits shall include a master plan (a planned unit development) prepared by the applicant that identifies how development of this entire parcel and tract of land is proposed to occur. A City decision on said master plan shall, at a minimum, identify the total amount of development permitted, the location of said development on the property, and how services and infrastructure will be constructed to serve the proposed development. Unless the application is for a use identified in Sections
102-768(1) or
102-768(4), the application shall be exempt from the requirements to conduct the comprehensive economic and community impact study identified in Division 2.
[Amended 8-20-2013]
(e)
An application for a use permit, site plan permit, subdivision
permit or similar permit for any use or structure located on property
identified as, Map 5, Lot 33, as such was depicted on the City Tax
Assessor maps in effect on October 2, 2007, shall require review pursuant
to the contract rezoning process.
[Ord. of 1-29-2008(3); amended 8-20-2013]
An application identified in §
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 comprehensive economic and community impact study. Further, unless an application is for a use identified in Section
102-768(1) or
(4), an application subject to contract rezoning pursuant to Section 102-768-A, Subsection (b), (c) or (d), is exempt from requirements to conduct a comprehensive economic and community impact study.
[Ord. of 1-29-2008(3); amended 8-20-2013]
(a)
Applicant submission. The applicant shall submit a sketch (concept)
plan of its site plan application, and if required, a master plan
application, to the City Code and Planning Department 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. In-Town Design Review Committee and public an initial
opportunity to understand the applicant proposal, for the Council,
Planning Board and In-Town Design Review Committee to provide direction
to the applicant regarding the proposal, to allow the City to analyze
economic and municipal revenue/service impacts (comprehensive economic
and community impact study) associated with the proposal, if such
an impact study is required, and to allow the City to consider traffic
impacts. The In-Town 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. The sketch plan,
at a minimum, shall identify the following information:
(1)
The boundaries of the proposed site;
(2)
Significant natural resource features and constraints, including
wetlands, water courses, floodplains, contours at two-foot intervals,
medium intensity soil types (soil conservation service), significant
fish and wildlife habitat, and general vegetation types;
(3)
Existing infrastructure, including but not limited to roads,
right-of-ways, sewer, water, electric, and major stormwater facilities;
(4)
Existing types of surrounding developments, including residential
and nonresidential uses;
(5)
Proposed means of access to the proposed site and general means
of circulation within the site;
(6)
Conceptual layout of the structure(s), parking areas, loading
areas, and other significant developments;
(7)
A description of all proposed uses on the site, including the
proposed size of all proposed structures and uses, and a description
of why any retail structure and use that is greater than 75,000 square
feet in size is proposed to be the size identified by the applicant;
(8)
Company name of any retail store that is greater than 75,000
square feet in size;
(9)
The proposed amount of vegetated bufferyard for all sides (boundaries)
of the property, with information regarding the amount, type and quality
of existing vegetation in these bufferyards;
(10)
Information required to allow the City to prepare the comprehensive economic and community impact study identified in Section
102-1385(d).
(11)
A study prepared by a traffic engineering firm that assesses
traffic impacts associated with the project, particularly the need
for and cost of off-site improvements to mitigate traffic impacts.
This study must be submitted within 45 days of the date that a Sketch
Plan application is filed.
(12)
Evidence of applicant right, title and interest in the property.
(b)
Meeting schedule and public notice. The Code and Planning Department
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 In-Town Design Review Committee.
The In-Town 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. The Department shall determine
if an application is complete within 30 days of receipt of the application.
If the Department deems an application is complete, it shall take
the following actions:
(1)
In conjunction with the City Clerk, set a date(s) for a joint
meeting and public hearing among the City Council, Planning Board
and In-Town Design Review Committee. It is recognized that the meeting
and hearing may occur on separate dates.
(2)
Provide public notice to all property owners located within
1,000 feet of the property proposed to be developed. Notice shall
be sent via first-class mail a minimum of 14 calendar days prior to
a meeting or hearing.
(3)
Post public notice in City Hall and on the City web site a minimum
of 14 calendar days prior to a meeting or public hearing.
(4)
Publish notice of any public hearing on two occasions in a newspaper
of local circulation. The first notice shall occur a minimum of 14
days prior to the hearing, and the second notice is to occur within
seven days of the hearing.
(c)
Joint City Council, Planning Board and In-Town Design Review Committee meeting and hearing. The City Council, Planning Board and In-Town Design Review Committee shall meet in joint session(s), which the Mayor shall chair. The In-Town 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. 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 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, In-Town 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 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 comprehensive economic and community impact study.
(d)
Comprehensive economic and community impact study.
(1)
Requirement to prepare study. An applicant that proposes to
develop any retail business establishment having a gross floor area
of 75,000 square feet or more in one or more buildings on the same
site, and any expansion or renovation of an existing building or buildings
that results in a retail business establishment having a gross floor
area of 75,000 square feet or more in one or more buildings, except
when the expansion of an existing retail business establishment is
less than 20,000 square feet, shall provide funds to the City to prepare
a comprehensive economic and community impact study. In applying this
threshhold standard, other retail business establishments on the same
site as the large-scale retail business establishment are not included
unless they share a common check stand, management, controlling ownership
or storage areas.
An applicant that proposes a retail store or shopping center pursuant to Sections
102-799(2),
102-799(6) or
102-775(a) that is less than 75,000 square feet in size may be required to provide funds to the City to prepare a comprehensive economic and community impact study. The City Council, following the joint meeting and public hearing referenced in Section 102-1384(c), shall decide if preparation of this study is required.
(2)
Issues to examine in study. The following issues, at a minimum,
shall be addressed in the comprehensive economic and community impact
study.
a.
Analysis of impact on local economy. Using existing studies
and data and through the collection and analysis of new data, the
analysis shall identify the following: 1) the economic effects of
the proposed development on existing retail operations; 2) supply
and demand for retail space; 3) number and location of existing retail
establishments where there is an overlap of goods and services offered;
4) employment, including projected net job creation and loss; 5) retail
wages and benefits; 6) captured share of existing retail sales; and
7) sales revenue retained and reinvested in the local area.
b.
Analysis of municipal revenues and expenditures. Using existing
studies and data and through the collection and analysis of new data,
the analysis shall identify the following: 1) municipal revenues generated;
2) municipal capital, service, and maintenance costs caused by the
development's construction and operation, including costs of
roads, traffic control, and pedestrian and bicycle amenities; 3) municipal
capital, service, and maintenance costs caused by the development's
construction and operation, including costs of police, fire, rescue
and sewer services; 4) the amount of public subsidies, including tax
increment financing; and 5) public water, utility, sewage disposal
and solid waste disposal capacity and the costs of providing such
services.
(3)
Selection of preparer of study. The City shall solicit and select
a firm it deems qualified to prepare the comprehensive economic and
community impact study.
The Council shall select a firm to prepare the comprehensive
economic and community impact study and shall approve terms of this
contract.
(4)
Review of study. Review of the comprehensive economic and community
impact study shall occur as follows:
a.
Schedule to prepare study. The firm selected to prepare the
study, to the greatest extent practical, shall complete preparation
of the study within 75 days of award of a contract.
b.
Review of study and public hearing.
1.
Meeting and public hearing. The City Council shall convene a public meeting to review the study and shall conduct a public hearing regarding the study. The Planning Board shall attend this meeting and hearing, and may offer comment to the Council. The intent of the meeting and hearing is to provide the Council an opportunity to evaluate the impacts of the proposed development based on the comprehensive economic and community impact study, other materials submitted to the City by any person, including but not limited to the applicant, state agencies, nonprofit organizations, and members of the public, and testimony offered at the public hearing. It is expressly understood that the applicant may present comment and alternative conclusions to the information identified in the comprehensive economic and community impact study. Notice of the aforesaid public hearing shall occur pursuant to requirements of Section
102-1385(b).
2.
City Council decision. Subsequent to the public hearing, the Council shall review information presented at the public hearing and information provided in the comprehensive economic and community impact study, and shall determine if the project is likely to have an undue adverse impact (reference Section
102-1393 Definitions) regarding the totality of the impact on the 12 factors described in Section 102-1385(d)(2)a and b. If the Council does not find that the project is likely to have an undue adverse impact, the applicant may proceed to Preliminary Plan review, reference Section
102-1386; provided, however, the Council may revisit this finding at any time prior to final approval. If the Council does find that the project is likely to have an undue adverse impact, the application is thereby denied.
Notwithstanding the above provision, the Council shall have the authority to defer making its decision regarding if the project is either likely to have an undue adverse impact or likely to have no undue adverse impact to the Council review process identified in Section
102-1388. If the Council chooses to defer making its decision regarding undue adverse impact to the Council review identified in Section
102-1388, the appeal process identified in Section 102-1385(d)(4)b3 shall not apply.
3.
Applicant appeal. If the Council makes a finding that the project is denied, an applicant may appeal this decision to a court of competent jurisdiction. If a court of competent jurisdiction reverses or remands the denial, the applicant shall proceed to Preliminary Plan review, reference Section
102-1386. A Council decision to deny an application is not subject to appeal to the Belfast Zoning Board of Appeals.
[Ord. of 1-29-2008(3)]
An application to establish a project described in section
102-1383 shall address, at a minimum, the following goals and project requirements. It is expressly understood that the City may impose specific conditions as part of the contract rezoning agreement to ensure that community concerns regarding the use of the proposed site address these issues in a good quality manner.
(1)
Traffic impact assessment. The applicant shall retain a qualified
traffic engineer to examine traffic impacts for all key intersections
and roadways identified by the Planning Board, City Council or Maine
Department of Transportation. The applicant will perform this study
as part of the sketch plan review process. Base line traffic, estimated
traffic resulting from this project, estimated traffic resulting from
projected ancillary development to this project, estimated annual
average background growth in traffic and growth trends for start-up
and build-out of the site and surrounding area shall be considered
in this assessment. To the greatest extent practical, traffic volumes
shall be projected for a minimum period of five-years, with identification
of present and future levels of service and suggested mitigating measures.
The assessment also shall include a qualitative analysis regarding
how this increase in traffic will generally affect drive-times for
residents living in areas directly affected by the projected development.
(2)
Road improvements. The applicant shall construct improvements
to the existing municipal or state road infrastructure, or pay a fee
to the City or state to construct improvements to mitigate traffic
impacts identified in the traffic impact assessment and as identified
by the City traffic engineer, Planning Board, City Council, or Maine
Department of Transportation. Traffic improvements shall consider
present and future traffic volumes.
(3)
Pedestrian and bicycle circulation. The applicant shall fully
consider how to accommodate pedestrian and bicycle circulation, both
within the project site and to the project site via adjacent public
ways, and shall incorporate measures in their plan to address this
issue. Said measures my include the construction of off-site improvements
or paying a fee to the City or state to construct identified improvements.
[Amended 8-20-2013]
(4)
Nonresidential structure design requirements. The applicant
shall carefully consider and address the orientation of the building
to public roads, scenic vistas, site circulation, other buildings
on the site, natural site characteristics, and surrounding properties
in their proposal. All buildings shall be of a high quality design.
The City may engage professional architectural services to assist
in its review of the layout of the site and design of the buildings.
The applicant shall be responsible for any costs incurred by the City
in using such architectural services.
(5)
Parking areas. The amount of parking shall generally comply with the requirements of Chapter
98, Technical Standards, unless such standards are modified by the City Council. The layout of parking areas shall be accomplished in parking cells that are attractively landscaped and functional. The parking lot layout shall emphasize pedestrian circulation and safety. The location of parking in relation to buildings shall complement the overall site layout, and shall be separated from the main internal access drive.
(6)
Access drive layout. The main access drive shall be designed
in a manner that provides well-functioning connections to public roads,
good quality internal site circulation and that recognizes the natural
characteristics of the site. In designing the access drive, the City
and applicant shall consider and analyze opportunities for the development
of adjacent sites, either through the construction of the road or
reservation of a right-of-way. In most cases, the preferred option
is connection to multiple sites. The City may require the applicant
to dedicate the main access drive to the City, if the City determines
that the proposed access drive offers public benefit.
(7)
Signs. All signs shall complement the site and structure development
and shall be in proportion to the structure(s). Common signage patterns
within the development shall be encouraged.
(8)
Comprehensive economic and community impact study. The City will assess and consider the impact of the proposed development on issues such as 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 Section 102-1385(d)(2) for the factors that will be considered in the comprehensive economic and community impact study. The Council decision regarding the comprehensive and community impact study shall serve as the finding with respect to this criteria. A comprehensive economic and community impact study is not required for an application submitted pursuant to Section 102-768-A, Subsection b, unless the application (use) is proposed pursuant to Section
102-768(1) or
102-768(4).
[Amended 8-20-2013]
(9)
Utilities. The applicant shall identify the layout of all proposed
utilities, and shall provide the opportunity for service extensions
to adjacent properties.
[Amended 8-20-2013]
(10)
Noise. The project shall not produce levels of noise that cause significant negative impacts on surrounding uses and properties. The standards identified in the Chapter
102, Zoning, Article
IX, Performance Standards, Division 3, Route 3 Commercial, Section
102-1193, Noise, shall serve as a guideline to the Board and Council in addressing this issue.
[Amended 8-20-2013]
(11)
Dust, fumes, vapors and gases, odors (noxious issues). The project
shall not produce significant negative impacts with regard to dust,
fumes, vapors, gases or odors on surrounding uses and properties.
[Amended 8-20-2013]
(12)
Glare/lighting. The project shall not produce significant negative
impacts with regard to glare and lighting on surrounding properties
and uses, including all public roads. The proposed lighting plan shall
recognize the "night sky" and shall be sensitive to the amount of
light required to allow safe operation of the retail center during
its hours of operation. The lighting plan should be consistent throughout
the site and should reflect the character of buildings.
[Amended 8-20-2013]
(13)
Stormwater management. The applicant shall identify how all
stormwater impacts can be effectively managed, and shall minimize
any increase in the amount of stormwater being directed to adjacent
properties. The stormwater management plan also shall recognize concerns
regarding water quality in the area's watersheds and groundwater quality.
(14)
Wetland impact. The applicant shall avoid causing significant negative impacts to area wetlands to the greatest extent practical, and all applications shall, at a minimum, comply with all requirements of Chapter
82. The City also will consider State Department of Environmental Protection direction regarding wetland impacts.
[Amended 8-20-2013]
(15)
Floodplain impact. The applicant shall avoid causing significant negative impacts to area floodplains. All applications shall comply with Chapter
78, Article
II, requirements at a minimum.
[Amended 8-20-2013]
(16)
Soils. The applicant shall prepare a high intensity soil survey
for the proposed development. The applicant must demonstrate suitable
soils, and address all potential concerns if a high water table or
seasonally wet soils exist on the site.
(17)
Soil erosion and sedimentation control. The applicant shall,
at a minimum, adhere to best management practices.
(18)
Method of collection and disposal of solid waste. The applicant
shall identify how all wastes and recyclable materials will be collected
and disposed of, and shall evaluate the impact of the amount of waste
generated from the project on the City's solid waste system. The applicant
also shall address how to manage litter generated on the site.
(19)
Explosive materials, chemical and fuel storage facilities, and
hazardous wastes. The applicant shall ensure that the proposed development
does not cause any significant negative impacts with regard to the
use or storage of explosive materials, chemicals, fuel or hazardous
wastes.
[Amended 8-20-2013]
(20)
Construction of off-site improvements. The applicant must identify
the potential need for new off-site infrastructure or improvements
to existing off-site infrastructure during the project review process.
The City shall determine the extent of off-site improvements that
are required to allow the proposed development. The goal is to ensure
that off-site infrastructure functions at acceptable levels of service.
[Amended 8-20-2013]
(21)
Performance guarantees for required improvements. The City shall
determine the amount and type of the performance guarantees that may
be required to ensure that the applicant successfully constructs both
on-site and off-site improvements.
(22)
Determination of project ownership and mechanism to construct
and maintain required improvements. The City shall require the applicant
to identify a successful method to maintain all infrastructure improvements
and structures that are constructed.
(23)
Handicap accessibility. The applicant shall ensure that all
project facilities fully satisfy handicap accessibility requirements.
(24)
Loading and off-loading areas and operations. The applicant
shall provide effective screening of all loading and off-loading areas,
and such operations shall be well buffered from adjacent residences.
The access to and location of the loading areas shall not interfere
with internal traffic circulation, parking areas, and customers.
(25)
Outside storage. The City shall ensure that outside storage
areas, if any, are effectively screened and that the location and
lay-out of the storage areas complement site development.
(26)
Screening and buffering of site development. The City shall
place a high value on the amount and quality of screening and buffering
associated with development of a site. The City, to the greatest extent
practical, intends to require the applicant to use methods to effectively
screen site development from adjacent residences and public roads.
Methods of screening may include, but are not necessarily limited
to, the use of existing natural vegetation, newly planted vegetation,
landscape berms, fencing and similar approaches.
(27)
Financial and technical ability. The City shall assess the financial
and technical ability of the applicant and any heirs, successors and
assigns to secure title to the property, and to accomplish the following:
prepare a good quality application; to construct project improvements
in a good quality manner and as required by the City, state or federal
government; to construct an approved project in a timely manner; to
regularly maintain all required improvements in good working condition;
and to fulfill any and all requirements of an adopted contract rezoning
agreement.
(28)
Modifications. The City Council shall have the express authority
to negotiate modifications to these criteria based on the general
health, safety, and welfare of the citizens of Belfast.
[Amended 8-20-2013]
[Ord. of 1-29-2008(3); amended 8-20-2013]
Notwithstanding any provisions in this chapter, a decision of
the City Council to approve, approve with conditions, or deny an application
for contract rezoning shall not be appealable to the City Zoning Board
of Appeals. All appeals shall be to a court of appropriate jurisdiction.
[Ord. of 1-29-2008(3)]
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 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 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.
[Amended 8-20-2013]
(b)
Preliminary plan, final plan and council review.
1.
The applicant shall pay an application fee of $7,500 upon submission
of a preliminary plan application. This fee is for expenses incurred
by the City in processing the application and providing public notice.
2.
The applicant shall pay all costs associated with City hire
of professional services to review the application. Such services
may include but are not limited to civil engineering, traffic engineering,
architectural, legal and similar professional services. Funds shall
be deposited in a deliberation account which the City shall use to
pay such service costs as they are incurred. The initial deposit shall
be $20,000, unless the Code and Planning Department determines that
a lesser or greater amount is appropriate. It is expressly understood
that the total amount of this fee may be more or less than the initial
deposit required upon submission of a preliminary plan application,
and that the applicant must pay the actual cost of services rendered
to the City. Any fees deposited in this account that are not expended
by the City shall be returned to the applicant.
[Amended 8-20-2013]
[Ord. of 1-29-2008(3)]
The following terms are unique to Article
X, Division 2, are critical to the application of requirements of this division, and shall have the following meaning. Chapter
66, General Provisions, identify other terms and their meanings as such are used in this division.
1. COMPREHENSIVE ECONOMIC AND COMMUNITY IMPACT STUDY AREA — Means
the geographic area of the City of Belfast, which shall be the focus
of the area that is to be examined in the comprehensive economic and
community impact study that will be conducted to assess potential
impacts associated with a proposed larger retail development and other
development identified in the City-required master plan.
[Amended 8-20-2013]
2. COMPREHENSIVE ECONOMIC AND COMMUNITY IMPACT STUDY — Means a
study authorized by and prepared for the City of Belfast that estimates
and assesses the effects of a larger retail development and other
development identified in the City-required master plan on the following
factors: the local economy, downtown and community, and municipal
revenues and expenditures. Reference Section 102-1385(d) for
a list of factors to be addressed in the comprehensive economic and
community impact study.
[Amended 8-20-2013]
3. GROSS FLOOR AREA — The aggregate amount of the areas of each
floor of a building or structure, including accessory structures,
measured between the exterior faces of the exterior walls or limits
of the building or structure at the level of each floor.
4. INTOWN DESIGN REVIEW COMMITTEE — For purposes of implementing
requirements of this division, the Intown Design Review Committee
shall consist of three members of those appointed by the council to
serve on the committee. The City Planner shall select the three committee
members who will serve in the review of an application.
6. UNDUE ADVERSE IMPACT — That within the comprehensive economic
and community impact study area, the estimated overall negative effects
on the totality of the 12 factors considered in the comprehensive
economic and community impact study outweigh the estimated overall
positive effects on those factors, and that the negative effect on
said factors cannot be adequately mitigated, as such is deemed by
the Belfast City Council.
[Amended 8-20-2013]