[Ord. No. 3-2005, 7-20-2004]
Pursuant to the authority delegated to municipalities under
30-A, M.R.S.A. § 4352(8), contract rezoning is hereby authorized
for the rezoning of a property that is located in either or both the
Waterfront Mixed Use zoning district and the Waterfront Development
shoreland district. The City of Belfast Comprehensive Plan specifically
identifies the use of contract rezoning to regulate certain activities
in the Waterfront Mixed Use zoning district and the Waterfront Development
shoreland district. The intent is to encourage desired mixed use and
waterfront development by allowing the applicant and the City greater
flexibility in applying conditions regarding the physical development
and operation of properties. The purpose of division 4 is to establish
a process and standards to implement the policy guidelines of the
City comprehensive plan.
[Ord. No. 3-2005, 7-20-2004]
(a)
Contract rezoning required. An application for a use permit,
site plan permit or subdivision permit for any of the following properties
shall be required to use the contract rezoning process identified
in division 4 for any proposed change of use; Map 11, Lot 132, also
known as the former Stinson Seafoods property, and Map 13, Lot 70,
also known as the Penobscot Frozen Foods property, as such properties
were identified on the City Tax Assessor maps on July 20, 2004 (date
of adoption of ordinance). These properties are located in both the
Waterfront Mixed Use zoning district and the Waterfront Development
shoreland district.
(b)
Contract rezoning optional. Any applicant that is submitting
an application for a use permit, site plan permit or subdivision permit
for any property located in the Waterfront Mixed Use zoning district
or the Waterfront Development shoreland district may request that
the application be reviewed in accordance with the contract rezoning
process identified in division 4. The initial request shall be submitted
in writing to the City Planning Board. The Planning Board shall act
within 30 days of receipt of this request to either permit or deny
the applicant to use the contract rezoning process.
[Ord. No. 3-2005, 7-20-2004]
(a)
Applicant meeting with City Planner, step 1. An applicant who
proposes to use or must use the contract rezoning process shall first
meet with the Belfast City Planner or his designee. The applicant
shall describe the property to be developed, the proposed use of the
property, and why contract rezoning is appropriate for this property.
The City Planner shall explain requirements of the contract rezoning
process to the applicant, and identify information the applicant must
prepare to submit an initial application for review by the Belfast
Comprehensive Plan Committee, step 2; reference 102-1452(b). Further,
the City Planner or his designee shall coordinate review of the application
through all steps of this process, steps 1 through 6, and shall prepare
draft findings, conditions and similar information as requested by
the respective review committees and boards.
(b)
Comprehensive Plan Committee review, step 2. The Belfast Comprehensive
Plan Committee shall review an application to use contract rezoning
for a property and shall issue a written finding regarding the consistency
of the application with the Belfast Comprehensive Plan. The Comprehensive
Plan Committee must find that an application is consistent with the
comprehensive plan, or that the comprehensive plan or the project
can be amended so that it is consistent, for an applicant to proceed
to step 3; reference 102-1452(c). Step 2 shall involve the following
procedures:
(1)
The applicant shall submit a written application to the Department
of Planning and Community Development for presentation to the Comprehensive
Plan Committee that includes, at a minimum, the following information:
a.
A description of why the applicant believes contract rezoning
is appropriate for this property.
b.
A description of the current use of the property and the use
or uses proposed by the applicant. This description must identify
why the applicant has chosen this approach for use of the property.
c.
A site plan at an appropriate scale that identifies the general
boundaries of the property and its relationship to surrounding properties,
existing structures located on the property, including structures
located below the normal high water mark, existing structures that
will be altered and new structures that will be added, and significant
natural features on the property. This is a concept plan and detailed
information is not required.
(2)
The Comprehensive Plan Committee, within 30 days of receipt
of an application, shall schedule a public hearing regarding the application.
The Department of Planning and Community Development shall provide
notification of the public hearing in the following manner:
a.
In writing by first class mail at least 10 calendar days prior
to the hearing to all owners of property that directly abut or that
are located within 250 feet of any property line of the property for
which a contract rezoning application is submitted. The department
shall keep a record of all persons to whom notice is sent.
b.
By posting notice of such public hearing in Belfast City Hall
a minimum of 10 calendar days prior to the hearing.
c.
By publishing notice of the public hearing in a local newspaper
a minimum of 10 calendar days prior to the hearing.
d.
By sending notice of the public hearing to the chair of the
City In-Town Design Review Committee, Harbor Committee, and Planning
Board, and to the Mayor and City Council.
(3)
The Comprehensive Plan Committee, after conducting a public
hearing, shall issue a written finding regarding the consistency of
the application with the Belfast Comprehensive Plan. The Comprehensive
Plan Committee shall also review other City plans that may apply to
the area or this project in rendering its decision of consistency.
This finding shall be issued within 30 days of the public hearing,
unless both parties mutually agree to an extension of this time. The
Department of Planning and Community Development shall send this finding
to the chair of the In-Town Design Review Committee, Harbor Committee,
and Planning Board, and to the Mayor and City Council.
(c)
In-Town Design Review Committee, step 3. The In-Town Design Review Committee shall review an application to use contract rezoning for a property and shall issue a written finding regarding its compliance with standards identified in the City Code of Ordinances, chapter 80, in-town commercial design review. The committee, in conducting its review, shall consider layout of the site and its relationship to surrounding properties, the proposed reuse and alteration of existing structures, the demolition of existing structures, the construction of new structures, and the uses for which the property and accompanying structures are intended.
The role of the In-Town Design Review Committee is to provide both conceptual and detailed direction to the applicant regarding project compliance with chapter 80 requirements, as well as providing direction to the Planning Board. An applicant, at the conclusion of this process, shall present a site plan and architectural plans that have been signed by the In-Town Design Review Committee to the Planning Board, step 5, reference 102-1452(e), which incorporates recommendations of the In-Town Design Review Committee, or that illustrates and explains why the applicant has not incorporated recommendations of this committee. An applicant must receive a decision by the In-Town Design Review Committee to proceed to step 5.
Step 3 shall involve the following procedures:
(1)
The applicant shall submit a written application to the Department
of Planning and Community Development for presentation to the In-Town
Design Review Committee that includes, at a minimum, the following
information:
a.
A description of the current use of the property and the use
or uses proposed by the applicant. This description must identify
why the applicant has chosen this approach for use of the property.
b.
A site plan at an appropriate scale that identifies the general
boundaries of the property and its relationship to surrounding properties,
existing structures located on the property, including structures
located below the normal high water mark, existing structures that
will be altered and new structures that will be added, and significant
natural features on the property. The site plan also shall identify
all parking areas, open areas and other public or private amenities.
c.
Elevation drawings that identify all profiles of all existing
or proposed structures. Such drawings shall include sufficient detail
to allow committee members to understand the type of building materials,
building accents, entrances, windows, and roof lines proposed. These
drawings shall be prepared by a licensed architect or engineer.
d.
The committee may require the applicant to prepare a "view"
analysis that illustrates how the proposed development would impact
views from public property, particularly streets, views from private
properties in the area, and views from the water. The committee shall
define the parameters of the "view" analysis that the applicant must
conduct.
(2)
The In-Town Design Review Committee, within 30 days of receipt
of an application, shall schedule a public meeting regarding the application.
The committee shall accept public comment at the beginning of each
meeting at which an application is reviewed. The Department of Planning
and Community Development shall provide notification of the first
public meeting at which an application is reviewed as described below.
Public notice of any additional meetings must only comply with b.
and d. below.
a.
In writing by first class mail at least 10 calendar days prior
to the first meeting of the committee to all owners of property that
directly abut or that are located within 250 feet of any property
line of the property for which a contract rezoning application is
submitted. The department shall keep a record of all persons to whom
notice is sent.
b.
By posting notice of each meeting in Belfast City Hall a minimum
of 10 calendar days prior to the meeting.
c.
By publishing notice of the initial public meeting in a local
newspaper a minimum of 10 calendar days prior to the hearing.
d.
By sending notice of all public meetings of the committee to
the chair of the City Comprehensive Plan Committee, Harbor Committee,
and Planning Board and to the Mayor and City Council.
(3)
The membership of the In-Town Design Review Committee for the review of an application pursuant to this section shall be selected as prescribed in chapter 80, but shall include five regular members and one alternate member. The alternate member may participate in all reviews, but may only vote in the absence of a regular member.
(4)
The In-Town Design Review Committee shall issue a written finding regarding compliance of the application with requirements of chapter 80. The applicant shall prepare a site plan and architectural plans sealed by a licensed architect or engineer which the committee shall sign that incorporates requirements of the committee, or that illustrates and explains why the applicant has not incorporated recommendations of this committee. This finding shall be issued within 30 days of the committee vote to find that the application is in compliance or is not in compliance. The Department of Planning and Community Development shall send this finding to the chair of the Comprehensive Planning Committee, Harbor Committee and Planning Board, and to the Mayor and City Council. The In-Town Design Review Committee may send a representative to the Planning Board, reference step E, to explain the committee's findings to the board.
(d)
Belfast Harbor Committee, step 4. The role of the Harbor Committee
is defined by the request of the applicant. The committee's review
shall consist of either (1) or (2), as described below. If the application
does not involve structures located below the normal high water mark,
Harbor Committee review is not required.
(1)
Contract rezoning to determine wharf line in the Inner Harbor. The Harbor Committee shall review an application in which the applicant proposes to use contract rezoning to seek flexibility in implementation of the wharf line, reference section 30-95 and section 82-206(9), that applies to construction of a structure located below the normal high water mark of that section of the Inner Harbor that is located in the Waterfront Mixed Use zoning district and Waterfront Development shoreland district. The Harbor Committee shall review such application in accordance with standards identified in section 82-206.5, and in its deliberations, shall consider the relationship between the proposed marine use and structures and the proposed onshore use and structures.
The Harbor Committee shall issue a written finding to the Planning
Board, step 5, reference 102-1452(e), which describes the appropriateness
of the proposed use, the structures that should be permitted in the
Inner Harbor and the wharf line that should apply to such structures.
The applicant, at the conclusion of step 4, shall prepare a site plan
sealed by a licensed engineer that depicts the findings of the Harbor
Committee. This site plan also shall be presented to the Planning
Board, step 5, reference 102-1452(e). The Belfast Planning Board shall
incorporate this finding of the Harbor Committee in the contract rezoning
agreement that it approves and submits to the City Council.
(2)
Harbor Committee review of proposal that does not involve use of contract rezoning to determine the wharf line in the Inner Harbor. The Harbor Committee shall review an application in which the applicant proposes to construct a new structure, alter an existing structure or use an existing structure that is located below the normal high water mark. The Harbor Committee, in its deliberations, shall consider the relationship between the proposed marine use and structures and the proposed onshore use and structures. The Harbor Committee shall issue a written finding to the Planning Board, step 5, reference 102-1452(e) that describes compliance of this marine use and structure with chapter 82, shoreland, section 82-204 requirements. If the application involves a change to an existing marine structure or construction of a new marine structure, the applicant shall prepare a site plan sealed by a licensed engineer that depicts the findings of the Harbor Committee. Such plan shall be signed by the Harbor Committee and shall be presented to the Planning Board, step 5, and shall be included in the contract rezoning agreement that the Planning Board submits to the City Council.
a.
The applicant shall submit a written application to the Department
of Planning and Community Development for presentation to the Harbor
Committee that includes, at a minimum, the following information:
1.
A description of the current use of the property and the use
or uses proposed by the applicant. This description should concentrate
on the proposed marine use of the property and should identify why
the applicant has chosen this approach for use of the property.
2.
A site plan at an appropriate scale that identifies the general
boundaries of the property and its relationship to surrounding properties,
existing structures located on the property, particularly structures
located below the normal high water mark, existing structures that
will be altered and new structures that will be added, significant
natural features on the property, and the location of the wharf line,
all City-approved moorings and the navigable channel that applies
to the waterfront area of this property. The site plan shall also
generally identify all parking areas, open areas and other public
or private amenities.
3.
Engineering plans for all new or altered marine structures located
below the normal high water mark.
b.
The Harbor Committee, within 30 days of receipt of an application,
shall schedule a public hearing regarding the application. The Harbor
Committee is required to conduct at least one public hearing, and
shall always conduct a hearing at its initial meeting to review an
application. The committee, however, is not required to conduct a
public hearing at any subsequent meetings at which it reviews the
application. The Department of Planning and Community Development
shall provide notification of the first public hearing at which the
application is reviewed as described below. Public notice of any additional
meetings must only comply with 2. and 4. below.
1.
In writing by first class mail at least 10 calendar days prior
to the initial public hearing conducted by the Harbor Committee to
all owners of property that directly abut or that are located within
250 feet of any property line of the property for which a contract
rezoning application is submitted. The Department shall keep a record
of all persons to whom notice is sent.
2.
By posting notice of each meeting in Belfast City Hall a minimum
of 10 calendar days prior to the meeting.
3.
By publishing notice of the initial public hearing in a local
newspaper a minimum of 10 calendar days prior to the hearing.
4.
By sending notice of all public meetings of the committee to
the chair of the City Comprehensive Plan Committee, In-Town Design
Review Committee and Planning Board, and to the Mayor and City Council.
c.
The Harbor Committee shall issue a written finding regarding compliance of the application with requirements of chapter 30, chapter 82 or chapter 102, as appropriate. The applicant shall prepare a site plan sealed by a licensed engineer that depicts the requirements of the Harbor Committee for all marine structures, and the committee shall sign this plan. The written findings shall be issued within 30 days of the Harbor Committee vote to find that the application is in compliance. The Department of Planning and Community Development shall send this finding to the chair of the Comprehensive Planning Committee, In-Town Design Review Committee and Planning Board, and to the Mayor and City Council. The Harbor Committee may send a representative to the Planning Board, reference step E, to explain the findings of the committee to the Planning Board.
d.
Harbor Committee review, step 4, shall occur simultaneously
with the In-Town Design Review Committee review, step 3.
(e)
Planning Board, step 5. The Planning Board shall review an application to use contract rezoning for a property and determine its compliance with standards identified in chapter 102, zoning, article X, contract rezoning, division 4, particularly sections 102-1453 and 102-1454. The Planning Board, in conducting its review, shall consider the findings of the Comprehensive Plan Committee (step 2), the In-Town Design Review Committee (step 3) and the Harbor Committee (step 4), public comment that is offered to the board, the lay-out of the site and its relationship to surrounding properties, the reuse and alteration of existing structures, the demolition of existing structures, the construction of new structures, and the uses for which the property and accompanying structures are intended. The Planning Board is responsible for preparing a contract rezoning agreement for presentation to the City Council as a proposed contract rezoning ordinance amendment. Said agreement shall define specific terms that the applicant must satisfy, including but not limited to the uses permitted for the site, permitted structures, required site plan improvements, a schedule for the construction of public and private improvements, and a list of all conditions that apply to this application.
An applicant, at the conclusion of this process, shall present a site plan sealed by a licensed engineer and architectural plans sealed by a licensed architect or engineer which incorporates all requirements specified by the Planning Board, and which the Planning Board shall sign. The board shall also prepare written findings that address requirements of chapter 90, site plan, section 90-42, and the standards specified in chapter 102, zoning, sections 102-1453 and 102-1454.
Step 5 shall involve the following procedures:
(1)
The applicant shall submit a written application to the Department
of Planning and Community Development for presentation to the Planning
Board that includes, at a minimum, the following information:
(2)
The Planning Board, within 30 days of receipt of an application,
shall schedule a public hearing regarding the application. The Planning
Board also shall conduct a public hearing at all meetings at which
it reviews the project. The Department of Planning and Community Development
shall provide notification of all public hearings as described below.
a.
In writing by first class mail at least 13 calendar days prior
to a public hearing conducted by the Planning Board to all owners
of property that directly abut or that are located within 250 feet
of any property line of the property for which a contract rezoning
application is submitted. The department shall keep a record of all
persons to whom notice is sent.
b.
By posting notice of each meeting in Belfast City Hall a minimum
of 13 calendar days prior to the meeting.
c.
By publishing notice of all public hearings in a local newspaper
a minimum of seven calendar days prior to the hearing.
d.
By sending notice of all public meetings of the Planning Board
to the chair of the City Comprehensive Plan Committee, In-Town Design
Review Committee and Harbor Committee, and the Mayor and City Council
of the City.
(3)
The Planning Board shall prepare a written finding that describes project compliance with requirements of chapter 78, floodplain, chapter 80, in-town design review, chapter 82, shoreland, chapter 90, site plan, section 90-42, and chapter 102, zoning, article X, contract rezoning, division 4. This finding shall include a draft contract rezoning agreement which defines conditions that the Planning Board imposes on the project. Such conditions shall address the mandatory conditions which an applicant must satisfy, reference section 102-1453(a), and the discretionary conditions which an applicant must satisfy, reference section 102-1453(b). The applicant also shall present a site plan for board signature that depicts all Planning Board requirements.
The applicant, if it contests any requirements imposed by the
Planning Board in the draft contract rezoning agreement, must prepare
a written report that specifically describes why it opposes certain
terms of the contract rezoning agreement, and if applicable, prepare
a site plan that illustrates such alternative site concerns.
(4)
The Planning Board shall issue written findings that describe why it approved, approved with conditions, or denied a request for a contract rezoning proposal and a draft contract rezoning agreement. The findings and contract rezoning agreement shall be presented to the Belfast City Council, Step 6, reference section 102-1452(f). The Department of Planning and Community Development shall send this finding and agreement to the chair of the Comprehensive Planning Committee, In-Town Design Review Committee and Harbor Committee, and to the Mayor and City Council. The Planning Board may send a representative to the City Council, reference step F, to explain the findings of the board and draft contract rezoning agreement.
(f)
City Council, step 6. The City Council shall review and act on the findings of fact and draft contract rezoning agreement presented by the Planning Board, step 5, for an applicant that proposes to use contract rezoning. Council consideration of such request constitutes an amendment to the City Code of Ordinances, chapter 82, shoreland, and chapter 102, zoning, and shall involve the following procedures.
(1)
A contract rezoning application that has been approved, approved
with conditions, or denied by the Planning Board shall be submitted
to the City Council within 60 days of Planning Board action. This
application shall also include a statement of consent or opposition
by the applicant to contract rezoning agreement terms imposed by the
Planning Board. Council consideration of the application shall occur
in accordance with the ordinance adoption process that the Council
regularly follows: Introduction of an amendment, first reading of
an amendment, and second reading and public hearing of an amendment.
(2)
The Chair of the Planning Board, or his designee, assisted by
the City Planner, shall present its findings and contract rezoning
agreement to the Council at the introduction step of the ordinance
amendment process and the City Planner shall attend subsequent Council
meetings to respond to Council questions regarding the proposed contract
rezoning agreement.
The applicant shall present its proposal at the introduction
step of the ordinance amendment process and shall attend subsequent
Council meetings to respond to Council questions regarding the proposed
contract rezoning agreement, including its statement of consent or
opposition to terms imposed by the Planning Board.
(3)
The Department of Planning and Community Development, on behalf
of the City Clerk, shall provide the following public notices regarding
the ordinance amendment process:
a.
In writing by first class mail at least 14 calendar days prior
to the introduction of the proposed ordinance amendment, and by first
class mail at least 14 calendar days prior to the scheduled second
reading and public hearing to all owners of property that directly
abut or that are located within 250 feet of any property line of the
property for which a contract rezoning application is submitted. The
Department of Planning and Community Development shall provide a record
to the City Clerk of all persons to whom notice is sent.
b.
By posting notice of each meeting in Belfast City Hall a minimum
of 14 calendar days prior to the scheduled meeting.
c.
By publishing notice of the second reading and public hearing
in a local newspaper. At least one notice shall be published a minimum
of seven days prior to the hearing.
d.
By sending notice of all public meetings of the Council to the
chair of the City Comprehensive Plan Committee, In-Town Design Review
Committee, Harbor Committee, and Planning Board.
(4)
The Council, by majority vote, shall act to approve, approve with conditions, or deny an applicant's request for a contract rezoning agreement. The Council also may amend, as it deems appropriate, the terms of a contract rezoning agreement presented by the Planning Board. A contract rezoning ordinance amendment approved by the Council shall address all mandatory conditions identified in section 102-1453(a) and shall address all discretionary conditions identified in section 102-1453(b) that the Council determines are applicable.
(5)
The applicant shall record a contract rezoning amendment approved by the City Council in the Waldo County Registry of Deeds within 60 days of its approval. Such amendment shall be enforced by the City Department of Planning and Community Development as a deed covenant that applies to the property, and shall be binding on any heirs, successors and assigns to this property. The contract rezoning agreement for the respective property also shall be identified in the City Code of Ordinances, chapter 82, shoreland, and chapter 102, zoning.
[Ord. No. 3-2005, 7-20-2004]
(a)
Mandatory conditions. A contract rezoning agreement (ordinance
amendment) that is reviewed by the Planning Board and enacted by the
Council shall comply with the following mandatory conditions:
(1)
Be consistent with the City Comprehensive Plan, including the
growth management plan in such plan, and also shall be consistent
with any supporting documents pertinent to the Comprehensive Plan;
(2)
Be consistent with existing and permitted uses in the Waterfront
Mixed Use zoning district and the Waterfront Development shoreland
district; and
(3)
Include only conditions or restrictions that relate to the physical
development or operation of the property.
(b)
Discretionary conditions. A contract rezoning agreement (ordinance
amendment) that is reviewed by the Planning Board and enacted by the
Council may include reasonable discretionary conditions and restrictions.
The board and Council shall have broad discretion in establishing
specific conditions to allow contract rezoning for a specific site
and project, such that the project can better address the unique characteristics
of how the proposed development can occur on the proposed site. The
Planning Board and City Council, in reviewing an application, shall
ensure that the proposed development successfully addresses potential
impacts on the community's character, services, infrastructure, economy
and residents. Discretionary conditions may include but are not limited
to:
(1)
Providing a mixed use development, particularly a development
that retains or enhances the working waterfront in this zoning district
and shoreland district.
(2)
Limitations on the number and type of authorized uses of the
property;
(3)
Restrictions on the scale or density of development;
(4)
Limitations on the height and lot coverage of any structure
or structures built on the property;
(5)
Specifications for the design and layout of buildings and other
improvements on the property;
(6)
Provision of open space and buffers, protection or enhancement
of views of the water, particularly from public properties and facilities,
and recognition of historic or architecturally significant structures;
(7)
Enhancement of public access, both physical and visual, to the
water for fishermen, commercial and recreational boaters, residents
and visitors, particularly enhancements that complement the City's
coastal walk and footbridge;
(8)
Provision of on-site or off-site amenities that are available
to the public, including contributions toward the provision of municipal
services required by the development, such as but not limited to streets,
sidewalks, utilities, access easements and parks;
(9)
Schedules for the commencement and completion of on-site and
off-site improvements;
[Ord. No. 3-2005, 7-20-2004]
An application to establish a project described in section 102-1451 shall address, at a minimum, the following goals and project requirements. The respective City review authorities identified in section 102-1452, particularly the Planning Board and City Council, shall use these goals and project requirements to identify the minimum standards (conditions) that a proposed contract rezoning application must satisfy. It is expressly understood that the City may impose specific standards as part of the contract rezoning agreement to ensure that community concerns regarding the use of the proposed site addresses these issues well.
(1)
Use of site. Issues to consider include but are not limited
to the following:
a.
Does the applicant propose multiple use of the site, particularly
multiple use of the larger sites?
b.
Are existing functionally water dependent uses retained, or
are new water dependent uses established, such as but not limited
to a marina or boat repair.
c.
If housing is a component of the project, what are the number
of housing units and scale of the housing development compared to
the amount of nonresidential development. The intent is to allow mixed
use, which includes allowing housing as a component of a project.
d.
Does the project involve subdividing a larger parcel? The City
goal is to encourage an applicant to retain existing large lots (lots
greater than one acre) to better allow waterfront development.
e.
How does the proposed use complement or enhance existing uses
of the waterfront?
(2)
Site lay-out. The goal is to achieve a site lay-out that complements
the character and functionality of the area and that promotes a healthy
waterfront. The standards for the Commercial Waterfront zoning district
and Waterfront Development shoreland district are very permissive
and require little if any structure setbacks from lot lines or the
normal high water mark, and allow 100% lot coverage. Contract rezoning
is a tool that should promote a balance between how to allow intensive
use while recognizing problems associated with full development. The
City shall consider issues such as structure setbacks, access to the
site, the lay-out of parking areas, and the provision of open areas
in determining the amount of development permitted.
(3)
Public use areas. The City shall consider the extent to which
an applicant is allowing or encouraging public use of a site, particularly
waterfront access. Waterfront access is critical to this area.
(4)
Traffic analysis and management. An applicant shall analyze
traffic generated by the proposed project and identify measures to
accommodate traffic, including potential street improvements. The
analysis should include base-line traffic, estimated traffic resulting
from this project, estimated traffic resulting from anticipated ancillary
development to this project, and growth trends for start-up and buildout
of the site and surrounding area. 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. An
applicant may provide the City an off-site impact fee for street improvements
rather than being required to construct the specific improvements.
(5)
Pedestrian and bicycle circulation. This is a key consideration
for the waterfront area because of the City's coastal trail and the
footbridge. An applicant must identify how public access to waterfront
can be encouraged and supported, including both pedestrian and bicycle
circulation. This includes access both within the project site and
to the project site via adjacent public ways. An applicant should
incorporate measures in their plan to address this issue. Potential
alternative approaches include measures such as payment of an off-site
impact fee for public improvements in the area, or the dedication
or use of private property for public access.
(6)
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 and shall address standards identified in the City Code of Ordinances, chapter 80, commercial in-town design review. The goal is to encourage building and site design that enhances the visual and functional appeal of the Belfast waterfront.
(7)
Building height. An applicant who requests flexibility in the
building height standard of 35 feet that is in effect for the Waterfront
Mixed Use zoning district and Waterfront Development shoreland district
shall prepare a view impact assessment that considers potential impacts
of the project on public and private views. The issues to be analyzed
and considered by the City in establishing a height limit for a specific
property or structures on such property are listed below in order
of priority. Flexibility in the height (no predetermined maximum height)
is inherent in the contract rezoning process. The In-Town Design Review
Committee has the prime responsibility to consider height issues as
a component of overall building and site design.
a.
How has the applicant retained existing or provided new views
available from public property and facilities, including roads. This
includes how public access is provided to the proposed site.
b.
The degree of impact the proposed project may have on public
views. For example, is the view from a public facility fully obstructed,
partially obstructed, or not obstructed? In addition, what elements
of the public view are obstructed?
c.
How has the applicant retained existing or provided new views
available from private property?
d.
The degree of impact the proposed project may have on private
views, including the number of properties impacted and the degree
to which they are impacted. For example, is the view fully obstructed,
partially obstructed or not obstructed?
(8)
Parking areas. The amount of on-site parking that can be provided
on most properties is quite limited, and is a factor that can limit
the amount of use that can occur on a site. For example, few if any
properties in this area could provide sufficient parking to handle
the parking generated by a large scale use, such as a large restaurant
or intensive retail. The availability and proximity of public parking
can accommodate some of the parking demand in this area, but some
uses may overwhelm the availability of public parking.
Guidelines that shall be considered in determining the amount
of on-site parking required include but are not limited to the following:
a.
The proximity of public parking lots and on-street parking,
the amount of demand on such parking, and accessibility to this parking
from the applicant property.
b.
The amount, lay-out and purpose of on-site parking that the
applicant can reasonably provide. The location and design of parking
areas shall be well integrated on the site in relation to other uses.
At a minimum, an applicant should be required to provide on-site parking
for all proposed residences; usually two spaces per dwelling unit.
c.
The availability and amount (timing) of joint use private parking
on the applicant site or on other private properties in the area.
d.
An applicant may pay a parking impact fee in lieu of making
on-site parking improvements, with the City assuming responsibility
to construct parking facilities.
e.
An applicant can provide or financially contribute to a public
transportation system to transport customers to off-site parking lots
in lieu of making on-site parking improvements.
f.
Other methods of public accessibility to the site (walking)
can be considered in determining the amount of on-site parking.
(9)
Utilities. The applicant shall identify the lay-out of all proposed
utilities, and shall make utility services as unobtrusive as possible
in this waterfront area.
(10)
Glare/lighting. The project shall not produce adverse impacts
with regard to glare and lighting on surrounding properties and uses,
including all public roads. In addition, the proposed lighting plan
shall recognize the use of the waterfront, and shall not detract from
views of the City in looking at it from the water. The lighting plan
shall complement the character of the buildings and site, and not
dominate it or the surrounding area.
(11)
Noise. The City recognizes that this is a working waterfront
area and that noise from waterfront uses; fishing, commercial and
recreational boating and similar activities will occur. The intent
is to ensure that a use does not produce levels of noise that cause
an adverse impact on surrounding uses and properties. An applicant
shall identify approaches that they intend to use to minimize adverse
noise impacts.
(12)
Odors, gases, noxious impacts. These issues shall be controlled
to prevent adverse impacts on surrounding properties.
(13)
Floodplain impact. Most of the waterfront area is located in either the VE or AE zone of the floodplain. Chapter 78, floodplain requirements, often impact the development of vacant land or redevelopment of existing structures. Further, the City must require an applicant to satisfy floodplain requirements and cannot vary chapter 78 requirements. The intent is to encourage applicants to address floodplain requirements to the greatest extent practical, while allowing flexibility regarding issues, such as building height, to aid an applicant to satisfy these standards.
(14)
Stormwater management. The goal is require an applicant to efficiently
direct stormwater to the river, with an emphasis on controlling erosion
of the waterfront and ensuring stormwater quality. A specific concern
is run-off from large parking lots directly out-letting to the river.
The construction of significant on-site stormwater retention and detention
facilities should be discouraged in this area and more passive measures
encouraged.
(15)
Soils/contamination. Some sites in this area have soil contamination
problems. An applicant, if warranted, must address how soil contamination
will be addressed. Further, if an applicant is required to undertake
extraordinary measures to address contamination issues, the City shall
consider these costs and site alterations in review of the project.
(16)
Solid waste collection and disposal. An applicant shall identify
how they will collect and dispose of all wastes. If applicable, the
applicant shall address how to manage litter generated on the site.
(17)
Explosive materials, chemical and fuel storage facilities, and
hazardous wastes. An applicant shall ensure that the proposed development
does not cause any adverse impacts with regard to the use or storage
of explosive materials, chemicals, fuel or hazardous wastes. A particular
concern is boat repair and the interaction between this use and other
uses on a site and in the surrounding area.
(18)
Performance guarantees for required improvements. The City shall
determine the amount and type of performance guarantees that should
be required to ensure that an applicant successfully constructs required
on-site and off-site improvements, and can routinely maintain constructed
improvements in the long-term.
(19)
Handicap accessibility. The applicant shall ensure that all
new project facilities fully satisfy handicap accessibility requirements.
This could be a challenge for proposed uses, particularly with floodplain
requirements. Contract rezoning is a tool that allows the City flexibility
in establishing standards for structure and site layout so that an
applicant can best address handicap accessibility concerns.
(20)
Cooperative use with the railroad. If a project site is impacted
by railroad operations, an applicant must address how the respective
operations are compatible. The City goal is to allow flexibility so
that adjacent uses are compatible.
(21)
Outside storage and display. Outside storage, except for boat
storage, should be managed. The outside display of merchandise for
sale is an activity that may be permitted if the proposed activity
complements the area and use of the property.
(22)
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. An applicant may exceed the standards identified in the City Sign Ordinance, chapter 86, if such signage complements the site and surrounding area and is appropriate for the type of use of the property and the scale of the building.
(23)
Phasing of project development and construction schedule. The
timing of when the project and supporting improvements, including
public improvements, are constructed is a critical issue in City approval
of a contract rezoning application. Each contract shall include specific
guidelines regarding when project improvements must be constructed.
Failure of an applicant to comply with these requirements could result
in a contract rezoning ordinance amendment being rendered void. An
applicant is responsible for providing the City clear guidance regarding
the schedule for project construction, and subsequently adhering to
this schedule.
(24)
Community impact analysis. An applicant may be required to prepare
an impact statement regarding 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. The purpose of this
impact statement is to provide the City information regarding potential
project benefits and detriments.
[Ord. No. 3-2005, 7-20-2004]
Notwithstanding any provisions in the City Zoning Ordinance,
a decision of the Planning Board or the City Council to approve, approve
with conditions, or deny a contract rezoning application shall not
be appealable to the City of Belfast Zoning Board of Appeals. An appeal
must be filed with the Superior Court.
[Ord. No. 3-2005, 7-20-2004]
The applicant shall pay all costs associated with City review
of a contract rezoning project, whether or not the project is approved.
[Ord. No. 3-2005, 7-20-2004]
The amendments identified in this division shall become effective
upon adoption by the City Council of the City of Belfast.
