AFFIDAVIT FILED PURSUANT TO ?9-36 OF PORTLAND CITY CODE SEEKING PETITIONS FOR INITIATION OF ORDINANCE The undersigned hereby depose and say as follow: (1) The undersigned are registered voters of the City of Portland, whose respective addresses appear below next to their names; (2) The undersigned ?le this affidavit for the purpose of initiating an ordinance (?the Ordinance?), the text and a summw of which is annexed to this Af?davit as Exhibit (3) The undersigned will constitute the Petitioners? Committee and circulate the citizen initiative petition; (4) All notices to the Committee are to be sent to the following address: Dated at Portland, this day Kaine 3.- tie; a (Print) Name nu. 3?1) I I) II, r?I @431 A. war (Print) Name I. Ef?e.) r. fill} (Print)Name QRMEEM Qt?m??mut \Sct (Print)Narne in tam/a to I mm (Print)Narne (Print) Name ?zz/(Print)NaIne Keri l> Lethal (Print)Narne I ?it/M M. We a i(Print)Name .1 *3 Address "Ad ?5775 EL maybe i . If.? If I) ffo?qu?l-f] )1 ixg?glr Address Si nature l/l' a M.) i (minis Pl Address 95 Marat oat-tut: Address Address Address . I r1I a II i. 4933 Engi may {1 Address Signature 5 5 Ma? Address Sit, ture . II II "3 r; 8/26 (M tr 6? . ., Address Signature EXHIBIT A For the Submission to the People of the Question Shall ?An Ordinance to Add a City-wide Scenic Viewpoint Protection Tool to Port?and?s Zoning Ordinance; to Save the View of Portland?s Working Harbor from Upper Fore Street as the First Protected Scenic Viewpoint; and to Require Certain Information to be Provided to the Public as part of a Zone Change Request a copy and summary of which is printed hereon, be adopted? SUMMARY OVERVIEW OF SCENIC VIEWPOINT PROTECTION: Portland is located in a spectacular natural setting. The City and State have long recognized the importance of protecting distinctive scenic vieWpoints, both for the well?being of the residents and as an economic deveIOpment strategy. Portland inventoried points where the public could see the water and get to the shoreline starting in the 19803. Since then, as required by the State, it has identi?ed signi?cant natural resources, including scenic areas, as part of its comprehensive plan. But even though important vieWpoints have been identi?ed, protections have not been strong and some treasured views have been lost. The City has incorporated some view protections into the regulations for the Downtown and for the Eastern part of the waterfront. But Portland does not have a speci?c zoning tool which it can use at key locations throughout the City to preserve critical public scenic views. This proposed Ordinance amends the current Land Use Ordinance to address views in three di?erent ways. NEW SCENIC VIEWPOINT PROTECTION ZONE: First, this ordinance creates a new zoning tool, called a ?Scenic VieWpoint Protection Overlay Zone.? This zone can be applied to multiple small areas throughout the City where the existing zoning is not adequate to protect distinctive or highly distinctive views. It is to be applied on top of an already existing use zone to provide an additional layer of protection. Second, this ordinance uses this tool to create the ?Fore Street/Working Waterfront Overlay? to protect waterfront views from the public sidewalk on Fore Street between Wateiville and Atlantic Streets, overlooking Portland Harbor. It regulates heights and massing, and sets other standards to protect the treasured public view. Third, this ordinance establishes a Scenic VieWpoint Task Force to identify Portland?s remaining distinctive and highly distinctive views, to analyze them, and to make recommendations to the Planning Board, and ultimately to the City Council, as to whether additional areas should be designated as Scenic VieWpoint Protection Zones. The proposed ordinance also strengthens the zone change submission requirements. OVERVIEW OF ZONE CHANGE SUBMISSION REQUIREMENTS: When a landowner asks the City for a zone change, the application form asks the landowner to show what the landowner prOposes to do if the zone change is granted. Recently, a couple of developers have decided not to include that information. The City allowed those landowners to have their requests acted upon without any proposed site plan because the submission requirements are not included in the ordinance. NEW ZONE CHANGE REQUEST SUBMISSION REQUIREMENTS: This proposed ordinance repeats the application form submission requirements in the ordinance, clari?es the level of detail required in the site plan (including that it be suf?ciently detailed to allow assessment of the impact on a variety of elements including scenic or natural beauty and neighborhoods), and adds a provision allowing the City to require more detail from the applicant to ensure that the rezoning and subsequent development are consistent with the comprehensive plan, meet applicable land use regulations, and are compatible with the surrounding neighborhood. TEXT OF THE PROPOSED NE ORDINANCE I. BE IT ORDAINED BY THE CITIZENS OF PORTLAND AS FOLLOWS: A. That the Portland City Code is hereby amended to add a new Division 19.9. Scenic Viewpoint Protection Overlay Zone to Chapter 14 (Land Use), Article (Zoning), as follows: DIVISION 19.9. SCENIC VIEWPOINT PROTECTION OVERLAY ZONE 14-33018 Purpose There are many treasured vistas of scenic beauty from public places which are assets of great value to the City. its people and its economy. This Division establishes the Scenic VieWpoint Protection Zone. an overlay zone. which is to be used for Speci?c situations in which the underlying zoning is not adequate to protect the value and integrity of one or more mapped distinctive or highly distinctive scenic viewpoints within the City of Portland. The boundaries of the initial Scenic VieWpoint Protection Zone are defined in 14-33019. below. The Scenic ViewDoint Task Force shall analyze. inventory and make recommendations for City-wide implementation as Specified in Chapter 2. Article l4-330.l9 Location, Boundaries The boundaries of the initial Scenic VieWpoint Protection Zone. called the ore Street/Working Waterfront Overlay. are generally between Fore Street and Casco Bay. between the extensions of Waterville Street and Atlantic Street. more particularly described as follows: Commencing at the point on the southerly sideline of Fore Street where it intersects the line formed by an extension of the westerly sideline ot?Waterville Street. thence southerly mpendicular with Fore Street to the seawall along Casco Bay as shown on the Land Title Survey Subdivision Plan in Portland Maine recorded in the Cumberland County Registry oi" Deeds in Plan Book 193, Page 188; thence easterly by said seawall along Casco Bay to a point on said seawall which intersects with a line which is 31? 18" 30" of the southwesterly corner of land now or formerlv of Timothy Halev. Trustee. as described in the Deed recorded in said Mistry ofDeeds in Book 24759. Pages 67 and 69; thence 31? 18? 30? to the southwesterly comer of land now or formerly of Haley: thence 31 18? 30" along land of said Halev 110.28 feet to land now or formeer of Macgowan as described in the Deed recorded in Cumberland County Registry of Deeds in Book 15773. Page 153: thence 61? 01? 30" alog land of said Macgowan 112.00 feet: thence 31? 18? 30? along land of said Macgowan 150.00 feet to the southerly sideline of said Fore Street; thence southwesterlv along the souther sideline of Fore Street to the point of beginning. The ?designated scenic viewDoint" from which views are to be assessed and protected is the public sidewalk on the southerly side of Fore Street between Waterville and Atlantic Streets. at pedestrian heights. when viewed at anv height between four (4) and six (6) feet above said sidewalk. The views of scenic resources to be protected bv this overlav zone are: the views of the working waterfront. Portland Harbor (including its northern shoreline). historic maritime structures (including forts and aids to navigation). Casco Bav. the Casco Bay Islands. and the Atlantic Ocean. Additional Scenic Viewooints mav receive protection bv application of an overlav as set forth herein to additional sites through a rezoning process. Such rezoning requests initiated bv the Scenic VieWpoint Task Force. bv request of twenty members of the gener public. or by the owner of an affected property. zone mav be a1 14?3 3 0.19 De?nitions Scenic areas: Scenic areas are natural landscapes with visual qu signi?cant to the residents of a community by setting it apart from other pla recreation and relaxation. contributing signi?cantly to the qualitv of life. adding to the value of property. and enhancing the desirability and livability of the communitv. The City is required to - maintain an inventory and analvze signi?cant or critical natural resources. including but not limited to scenic areas. as part of its Comprehensive Plan. alities that are ces. enhanciig Scenic resources: Scenic resources include. but are not limited to. (1) propertv eligible for inclusion in the National Register of Historic Places pursuant to the National Hi Preservation Act of 1996. as amended: (2) national. state or local parks: resources or public lands visited by the general public or viewed by the general public from a public place. in part for the use. observation. enioyment and appreciation of natural or cultural visual qualities. includingbut not limited to the Fore River. Casco Bav. the Atlantic Ocean. mountains. and great ponds. on or storic and (3) public natural (cl Scenic viewnoint: A scenic viewnoint is discrete place or area from which the public may see a signi?cant number of the scenic resources within a scenic area of regional. state or national signi name. For purposes of this Division. the City shall identify ?distinctive? and distinctive? scenic viewpoints for evaluation for additional protection to mitigate impacts to existing scenic areas of regional. state or national signi?cance from activities on. over or adiacent to a designated scenic resource. VieWpoints shall be identi?ed and ranked using the general methodologv outlined in Terrv DeWan. Scenic Assessment Handbook. prepared for State Planning Of?ce. Maine Coastal PrOgram. October. 2008. speci?callv incorporatingthe Viewpoint Scoring Chart on page 49 thereof bv reference. A viewpoint in Portland that is located within a scenic area of regional. statewide or national signi?cance (score of 50 or more) and is deemed ?distinctive? or ?highly distinctive? shall be considered a scenic viewnoint which wli?es for the protections of this Division. 14-33020 Dimensional and Performance Standards Notwithstanding any less restrictive requirements or provisions in any underlying.; zone to the contrarv. to the extent they are more restrictive. the dimensional and performance standards of this overlay zone shall be controlling; For the Fore Street/Working Waterfront Overlay. as de?ned above. notwithstanding anything in the zone or any other underlying zone to the contregjg I) The maximum building heights and the limits on extension/tower con?gurations within the overlay shall be as depicted on the 1 November 2004 Illustration 33 of the Eastern Waterfront Building Height Study. including the notes thereon except that the words ?above the average grade? shall be omitted from Note I. and all building heights shall be measured from 2 feet above flood plain. not from average grade. as is further detailed in Note 2 of said 1 November 2004 Illustration 33. (2) Any peltion of any building not in existence as of the date of enactment shall be sited and massed so as to avoid intrusion into the 50 foot ?view corridors? at the ends of Atlantic. St. Lawrence and Waterville Streets as depicted on the 1 November 2004 Illustration 33 of the Eastern Waterfront Building Height Study. and so as to enable mdestrians on the sidewalk on Fore Street within the ?view corridor" to view t_he northerly shoreline of Portland Harbor. (3) Without modifying or altering the speci?c height and other limitations set forth in all the provisions of shall also apply to the Fore Street/Workin Waterfront OverlgL General Performance Standards: Except as expressly modi?ed in performance standards pertainingto a speci?c Overlay area. the following performance standards apply to all Scenic Viewpoint Protection Zones: (1) The height. mass and siting of all new buildings and structures shall be designed to avoid occupying. intruding into. or obstructing public views of the scenic resource from any designated public viewing spot or area in or immediately adiacenm the overlay district. (2) No part of a new sign. tower. roof top equipment. elevator. other roof top appurtenance. fence. or landscaping shall be permitted to occupy. intrude into or obstruct public views of the scenic resource from any designated public viewing spot or area in or immediately adiacent to the overlay district; existing structures affecting the view of the scenic resource from the viewpoint that were legally erected are permitted to continue in existence. and may be modi?ed. but 0an so long as they do not further encroach into the public view of the scenic resource. Anv permitted signage shall be simple. concise and contextual. and shall be as small in size and low in height as reasonably possible to reduce visual impact while still providingeffective communication to the public. (4) Outdoor lighting shall be designed so as to minimize light pollution that interferes with the visibilitv of the night skv. to minimize light intrusion into adiacent residential neighborhoods. and to not unnecessarilv intrude into the public view ofthc scenic resource. while providing necessary lighting for safetv of pedestrians and vehicular traffic. (5) Any pr0posed grading of building sites shall preserve existing contours and ensure that future development is harmonious with existing tonographv. Except as movided in above. with regard to the Fore Street/Working Waterfront Overlav. or as otherwise provided for a speci?c Overlav area. buildingheights shall be measured from pro-development grade. (6) Anv proposed landscaping. including but not limited to walls. fences. hedges. gmding and plantings. shall be designed so as to avoid occupying. intruding into. or obstructing public views of the scenic resource from anv designated public viewingspot or area in or immediatelv adiacent to the overlav district. shall include an enforceable maintenance plan to keep vegetation from growing to negativelv impact public views. and shall include a maintenance easement. to the satisfaction of Corporation Counsel. giving the Citv a right. but not an obligation. to enter onto the site to trim vegetation. remove obstructions. and otherwise keep the public view unobstructed. 14-33 0.21 Applicabilitv. Because of the significance of this Division to development activities within the defined scenic viewpoint areas and the potential for long-run harm which development inconsistent with this Division will have for all of the citizens of the Citv of Portland. the provisions hereof shall be applicable not onlv to all ?iture applications. but also to proceedings. applications and requests for rezoning which were pending but had not vet been approved bv the Citv Council as of May 19. 2015. 14-33022 Amendment or Repeal. This Division may not be amended in such a wav as to lessen its protections for scenic vieWpoints. nor mav it be repealed. in whole or in part. without approval of a maioritv of the citizens of the Citv of Portland votingto do so in a duly held referendum. This Division mav be freelv amended to bringadditional areas within the protection of the Scenic Viewpoints Overlav Zone. and to add dimensional and performance requirements Specific to the additional scenic viewgointt 1. B. That Section 14-48 of the Portland City Code is hereby amended to add (jj) Scenic Viewpoint Protection Overlay Zone to the list of zones, as follows: Sec. 14?48. Establishment of zones. In order to carry out the provisions of this article, the city is hereby divided into the following classes of zones: Scenic Viewnoint Protection Overlav zone C. That a new Article is added to Chapter 2 (Administration) of the Portland City Code to create a Scenic ViewPoint Task Force, as follows: Article SCENIC VIEWPOINT TASK FORCE Sec. 2-45.1. Scenic Viewpoint Task Force Findings. The Citv Council and/or the people of the Citv of Portland herebv find that: 1) Portland is a vibrant. small citv located in a Spectacular natural setting. with a large inventorv of rehabilitated historic structures. a compelling maritime heritage. welcoming neighborhoods. strong independent local enterprises. a thriving creative economv. cultural diversity. easy access to recreational and open Spaces. multiple scenic views of natural resources. and involved citizens: (2) The residents of Portland embrace as a promising economic development strategv one that identi?es the character?de?ningfeatures that make Portland authentic. unique. and distinctive. and builds upon those (3) A critical step in moving toward this smarter. greener. economic devc10pment strategv is to identifv and evaluate for protection Portland?s remaining distinctive and highlv distinctive scenic viewnoints. Therefore. in order to initiate the process to protect Portland?s remaining unique scenic resources. the Citv herebv creates a task force composed of thirteen (13) members which shall 13 known as the ?Scenic Viewnoint Task Force". hereinafter referred to as the ?Task Force". Composition. The Task Force shall be appointed bv the Mavor within sixtv (60) davs of the date of enactment. and shall consist of the following. all of whom shall be residents of the Citv of Portland: one 1) member of the city council: member representing the Historic Preservation Board: one (1) member representing the Planning Board: one (1) member representing Portland Development Corporation: and one 1) member representingthe Land Bank Task Force: and eight (8) members representing the public-at~large. with at least one 1) member being appointed from each Council District; these eight members should have a signi?cant history of community involvement. and experience. training or expertise in one of the following disciplines is desirable: architecture, economics. landscape architecture. planning community organization and/or advocacy. real estate or develomnent. biology or atural sciences. Duties. The duties of the Task Force shall include: l) The Task Force may sponsor and/or encourage community programs. from time to time. to educate residents about the scenic viewnoint inventory methodology and to seek input on Portland?s scenic resources. (2) The Task Force shall inventory. or cause to be inventoried. signi?cant scenic areas and viewpoints throughout the City of Portland. including the islands. within eighteen (18) months of the date of enactment. Once the inventory is complete. the Task Force shall present its ?ndings to the Planning Board for recommendation. and to the City Council for action on its proposal to designate additional distinctive and/or highly distinctive vieWpoints for protection through use of the Scenic Viewpoint Protection Overlay Zone. The Task Force may make such additional recommendations as it deems appropriate. (3) The Task Force shall make report to the city council at least annually on interim basis. and shall issue its ?nal report within three (3) years of the date of enactment. an D. Add a new Section to Cha ter 14 and Use Article Zonin to detail the Zone Change Request Submission Requirements: Sec. 14-58 Reserved. Zoning Map and/or Zoning Text Change Submission Requirements When an applicant ?les an application for a zonin combined zoning map and text change. the applicant shall submit a complete application in form and with content as speci?ed by the Department of Planningand Urban Develonment. Such submissions shall contain. at a minimum. the following elements: map change. a zoning text change. or a a An identi?cation of the applicant and proof of the applic ant?s right. title or interest in the property proposed to be affected by the change hereinafter ?sub iect parcel"): A vicinity map showing the subiect parcel and abutting parcels. labeled as to ownership and/or current use: (0) A description of the existing use of the subiect properly; Identi?cation of the current zoning designationts): Statement of the proposed use of the subiect pr0perty if the requested zone change is gr_anted. including a description of any proposed physical changes to the subiect property if construction or development is anticipated: (I) A site plan of the subiect property showing existing and proposed improvements should the zone change be granted. including such features as buildings. parking. driveways. walkways. landscape and property boundaries. This original submission need not be re?ned to the level of a ?nal site plan. but should be a general representation of the elements the applicant would like to see developed on the subiect property. includingproposed land uses and buildings. and of the scale and intensity of that development should the zone change request be granted. The site plan should be suf?ciently detailed and complete so as to allow an assessment of the relationship of the proposed development to Citv land use obiectives: the impact on surroundng street systems. site access and circulation; the impact on public intrastructure includingpublic transportation. utilities. municipal facilities. and public safety: impact on signi?cant natural featuresLscenic or natural beauty and historic resources: and impact on adjacent pr0pertv and neighborhoods. (g1 At all times if the subiect property is one acre or greater in size. or at the discretion of the PlanningAuthority if it is less than one acre. applicants may be required to submit more detailed site plans and written materials that address proposed physical deveIOpment and gperation of the property to ensure that the rezoning and subsequent develonment are consistent with the comprehensive plan. meet applicable land use regulations. and are compatible with the surrounding neighborhood. II. These ordinances shall apply and have an effective date, notwithstanding the provisions of 1 MRS. 302 and in accordance with section 9-42 hereof, as of May 19, 2015. The provisions of these ordinances shall be deemed independent and severable. term, covenant, provision, phrase or other element contained herein of a new ordina provision or of any amendment to an existing ordinance is held to be invalid or unenforceable for any reason whatsoever, such holdings shall not affect, alter, modify, or impair in any manner, any other ordinance provision or ordinance amendment contained herein. If any nee