[Ord. No. 20-2001, 11-7-2001]
The following applications shall comply with the contract rezoning
process established in this division:
(1)
An application to establish an elderly congregate residential
housing facility on a property identified as Map 37 Lot 151, the former
"Bradbury Manor Nursing Home", that is located in the Residential-I
District.
(2)
An application to establish more elderly housing at densities
that exceed the maximum housing densities permitted in the Residential-I
District, on a property identified as Map 37, Lot 151, the former
"Bradbury Manor Nursing Home", that is located in the Residential-I
District. Such a proposal specifically would involve the construction
of three or more housing units in a singular structure that are exclusively
available for occupancy by elderly residents.
[Ord. No. 20-2001, 11-7-2001]
(a)
Planning Board review process.
(1)
Preliminary plan review process. The applicant shall submit a preliminary plan to the Planning Board. The applicant shall provide all information required in a preliminary plan in accordance with chapter 90, the requirements of this division, and additional information identified by the Planning Board.
The Planning Board shall conduct a review of the preliminary
plan application within 45 days of its receipt of a complete application,
and shall schedule a public hearing to accept public comment. The
board shall provide notice of the hearing to the public and to project
abutters within 750 feet of the proposed development. The purpose
of the preliminary plan review is to determine if the applicant and
the proposed project site can address concerns regarding development
of the site. The board must vote to accept or reject the preliminary
plan and shall act within 60 days of receipt of a complete preliminary
plan. The board shall inform the City Council of its decision to accept
or reject a preliminary plan.
(2)
Final plan review. The applicant shall submit a final plan within six months of Planning Board approval of a preliminary plan. The applicant shall provide all information required in a final plan in accordance with chapter 90, the requirements of this division, and additional information identified by the Planning Board.
The Planning Board shall conduct a review of the final plan
within 60 days of receipt of a complete application, and shall schedule
a public hearing to accept public comment. The board shall provide
notice of the hearing to the public and all project abutters located
within 750 feet of the proposed development. The board shall determine
if the applicant proposal satisfies all requirements specified in
this division and the unique characteristics of the site, the area,
and the community, in deciding to approve, approve with conditions,
or reject a final plan for a contract rezoning proposal. The Planning
Board shall submit its recommendation to the City Council regarding
the contract rezoning proposal, and, if the board recommendation is
to approve a contract or approve a contract with conditions, to submit
this rezoning contract to the City Council for their review and consideration
as an amendment to this chapter.
(3)
Findings of fact. The Planning Board shall prepare findings of fact that describe its recommendation to the City Council to approve, approve with conditions, or deny a request for a contract rezoning proposal. The findings of fact shall address the issues identified in section 90-42, and the goals identified in section 102-1386. The findings of fact shall identify why this project application is or is not appropriate for a contract rezoning proposal.
(b)
City Council review process. A contract rezoning application on which the Planning Board has acted, and the recommendation of the Planning Board, shall be submitted by the applicant to the City Council within 90 days of the Planning Board action. If the applicant does not submit such application to the City Council within 90 days, the application shall not receive any consideration by the council, and the applicant must obtain further Planning Board review pursuant to the process identified in section 102-1402(a). Council review of an application shall occur in accordance with the following process:
(1)
A contract rezoning application that the Planning Board has
recommended for approval or approval with conditions shall be scheduled
for public consideration in accordance with the introduction, first
reading and second reading process for the adoption of an amendment
to this chapter.
(2)
A contract rezoning application that the Planning Board has recommended for denial shall be scheduled for a public hearing and review before the council. The council shall decide to either accept the recommendation of the Planning Board and deny the application, or to schedule the application for consideration subject to the process defined in subsection (1).
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The council shall provide public notice of the proposal as is
customary for an amendment to this chapter, and shall provide notice
of any public hearings that are held to all project abutters located
within 750 feet of the proposed development.
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If the council approves the rezoning contract, subject to any
amendments or conditions negotiated by the council, the contract is
adopted as an amendment to this chapter. The amendment is for the
property and any heirs and assigns. The applicant for which a contract
rezoning amendment to the chapter is approved, has 1 1/2 years
to initiate project/site development, and 3 1/2 years to establish
occupancy of at least two of the dwelling units. Failure to accomplish
either of these requirements shall result in the voiding of the contract
rezoning amendment to the chapter. The council, however, shall have
the right to extend the approval for additional periods not to exceed
one year per extension granted. Further, the council may establish
other conditions regarding the construction and occupancy schedule
for the project.
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(c)
Recording of contract rezoning amendment. The applicant shall
record an approved contract rezoning amendment to the zoning ordinance
in the Waldo County Registry of Deeds within 60 days of its approval
by the City Council.
[Ord. No. 20-2001, 11-7-2001]
(b)
Discretionary conditions. The Planning Board and City Council may adopt discretionary conditions that address the goals identified in section 102-1404 of this division, and the unique characteristics of how the proposed development shall occur on the proposed site. It is expressly understood that the role of the Planning Board and the City Council in reviewing any proposal for the development of a project subject to the contract rezoning process is to ensure that the proposed development successfully addresses potential impacts on the community's character, services, infrastructure, economy and residents. Thus, the Planning Board and the City Council shall have broad discretion in identifying specific conditions of approval to allow a contract rezoning for a specific site and project.
[Ord. No. 20-2001, 11-7-2001]
All applications to establish a project described in section 102-1401 shall address, at a minimum, the following goals and project requirements. The Planning Board and City Council shall use these goals and project requirements to identify the minimum standards that a proposed project application for a contract rezoning must satisfy. It is expressly understood that the Planning Board and City Council may impose specific standards as part of the contract rezoning process to ensure that community concerns regarding the use of the proposed site address these issues in a good quality manner.
(1)
Site circulation and traffic impact assessment. The applicant
must examine how traffic will safely enter and exit the site, and
how traffic will circulate throughout the site.
(2)
Building appearance. The applicant shall identify how the redevelopment
of the structure will result in the building being compatible with
development in the surrounding area. The front facade of the building
and its orientation to High Street is a critical concern. Further,
the redevelopment shall carefully consider site circulation, natural
site characteristics, and surrounding properties in their proposal.
Redevelopment of the building shall be of a high quality design.
(3)
Parking areas. The amount of parking provided shall be consistent with the needs of the facility. The layout of parking areas shall recognize characteristics of the site and the site circulation pattern. The applicant and the City shall use requirements identified in chapter 90 for guidance, but it is recognized that flexibility in applying these requirements may be warranted to achieve a good quality site layout.
(4)
Signs. All signs shall complement the site and structure development and shall be in proportion to the structure(s) and requirements of chapter 86. Interior lighted signs are prohibited.
(5)
Construction activities. The applicant shall identify a construction
schedule that will effectively manage adverse noise, dust, fume, vapor,
gas, and odor impacts on surrounding uses and properties.
(6)
Glare/lighting. The project shall not produce adverse impacts
with regard to glare and lighting on surrounding properties and uses,
including all public roads.
(7)
Stormwater management. The applicant shall identify how all
stormwater impacts will be effectively managed, and shall avoid any
increase in the amount of stormwater being directed to adjacent properties.
(8)
Waste collection. The applicant shall identify how they will
collect and dispose of all wastes and recyclable materials.
(9)
Landscaping. The applicant shall present attractive landscaping
and buffering that addresses the following: how to retain existing
mature trees, how to present an attractive entrance along High Street,
how to buffer impacts on neighboring properties, and how to help the
building blend with development in the surrounding area.
(10)
Technical and financial ability of applicant. The applicant
shall demonstrate that they have the financial and technical ability
to redevelop the existing structure and site in a good quality manner,
and that they have the financial and technical ability to market the
proposed project and manage the proposed facility. The operation and
management of an elderly housing or elderly congregate care facility
requires special skills, and the applicant must provide the City sufficient
information to identify how their management plan for this project
will facilitate its long-term success.
(11)
Handicap accessibility. The applicant shall ensure that all
project facilities fully satisfy handicap accessibility requirements.
(12)
Other concerns. The Planning Board and council shall consider
other factors that either believes is appropriate to determine if
the requested contract rezoning proposal should be approved.
[Ord. No. 20-2001, 11-7-2001]
Notwithstanding any provisions in this chapter, a recommendation of the Planning Board or a decision of the City Council to approve, approve with conditions, or deny a contract rezoning proposal, shall not be appealable to the City Zoning Board of Appeals. Any appeal of a Planning Board recommendation issued pursuant to section 102-1402(a), or a City Council decision issued pursuant to section 102-1402(b), shall be appealed directly to the state court system.
[Ord. No. 20-2001, 11-7-2001]
The applicant shall pay all costs associated with Planning Board
and City Council review of a contract rezoning project, whether or
not the project is approved by either the Planning Board or the City
Council.
