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Planning Board

Regular Meeting

Portland, ME · January 27, 2026

AgendaPacket

Agenda

PLANNING BOARD MEMBERS Joseph Zamboni, Chair Kelsey Robertson, Vice Chair Tuesday, January 27, 2026 at 4:30 PM Michael Joseph Fox Room 24 (Basement Level of Cty Hall) Brandon Mazer Nicholas Messina and Zoom David Silk Austin Smith The Planning Board will conduct this meeting in a hybrid format via Zoom pursuant to the Remote Meeting Policy adopted by the Planning Board. Allow your computer to install the free Zoom app to get the best meeting experience. If you are not able to attend live either in person or via Zoom, a recording will be available in the Agenda Center following the meeting. For more information on how to use zoom, please go here: https://content.civicplus.com/api/assets/18148b5d-f26e-472f-8d2c-245db97e5c27. For public comment via Zoom, you will need to use the “raise your hand” feature. To raise your hand via the telephone, please hit *9. You will be un-muted by the host when it is time for public comment. Please note that the placement of items on this agenda are subject to change – please check the agenda center prior to the meeting for the item start time. Please click the link below to join the webinar: Join from PC, Mac, iPad, or Android: https://portlandmaine-gov.zoom.us/j/82362840578 Phone one-tap: +16469313860,,82362840578# US +19292056099,,82362840578# US (New York) Join via audio: +1 646 931 3860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 305 224 1968 US +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 386 347 5053 US +1 507 473 4847 US +1 564 217 2000 US +1 669 444 9171 US +1 669 900 6833 US (San Jose) +1 689 278 1000 US +1 719 359 4580 US +1 253 205 0468 US +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 360 209 5623 US Webinar ID: 823 6284 0578 International numbers available: https://portlandmaine-gov.zoom.us/u/kcGZ5WF7ix PUBLIC COMMENT INFORMATION: 1 To submit written public comment on an agenda item, email planningboard@portlandmaine.gov. Submissions must be received by 12:00 pm the day before the Planning Board meeting to guarantee their inclusion in the agenda packet. All submissions must include the commenter's name and legal address. To help ensure your comment is submitted for the correct item, please include the name of the agenda item (see below). AGENDA: WORKSHOP - 4:30 PM i. Text Amendment to Article 7 of the Land Use Code; Peaks Island Council, Applicant. The Planning Board will hold a hybrid workshop to consider a proposed amendment to Article 7 of the Land Use Ordinance. This amendment would restrict lot coverage allowances for small island lots and would reduce the minimum lot area threshold for the creation of new small island lots within the IR-2 zone. A project and plan summary is available for viewing on the city’s CSS Portal (https://css.portlandmaine.gov/) by referencing Plan Number ZN-003492-2025. PUBLIC HEARING - 5:30 PM 1. ROLL CALL AND DECLARATION OF QUORUM 2. COMMUNICATION AND REPORTS 3. REPORT OF ATTENDANCE AT THE MEETING HELD ON JANUARY 13, 2026 Public Hearing 138 Auburn Street: Fox, Mazer, Messina, Robertson, Smith, Silk, and Zamboni present. 4. REPORTS OF DECISIONS AT THE MEETING HELD ON JANUARY 13, 2026 i. Subdivision; 138 Auburn Street; DBA First Lutheran Church, Applicant. Robertson motioned and Mazer seconded a motion to approve the Subdivision application. Vote 7-0. Robertson motioned and Mazer seconded a motion to adopt the staff report and draft approval letter as the Planning Board’s decision, and to authorize the Board Chair to sign the approval letter as drafted. Vote 7-0. 5. NEW BUSINESS i. Remand of HPBR-002814-2024; 42 Atlantic Street; LB Atlantic, LLC, Applicant. The Planning Board will hold a hybrid public hearing to remand a Certificate of Appropriateness (HPBR-002814-2024), for the development of a 30-unit housing project at 42 Atlantic Street within the Munjoy Hill Historic District, approved by the Historic Preservation Board on May 28, 2024, back to the Historic Preservation Board to make and adopt findings of fact pursuant to orders from the Maine Superior Court. A project and plan summary is available for viewing on the city’s CSS Portal (https://css.portlandmaine.gov/) by referencing Plan Number HPBR- 002814-2024. No public comment will be taken for this item. ii. Map and Text Amendments to the Land Use Code; City of Portland, Applicant. The Planning Board will hold a hybrid public hearing to consider and make a recommendation to the City Council on a series of proposed map and text amendments to the City’s Land Use Code. The amendments include changes to eight articles based on experience implementing ReCode, adopted in November, 2024. The proposed amendments address technical corrections, clarify interpretation, and resolve issues identified since the adoption of the City’s updated Land Use 2 Code. Materials associated with these amendments will be posted to the City of Portland Agenda Center on Wednesday, January 21, 2026. 3

Packet

PLANNING BOARD MEMBERS Joseph Zamboni, Chair Kelsey Robertson, Vice Chair Tuesday, January 27, 2026 at 4:30 PM Michael Joseph Fox Room 24 (Basement Level of Cty Hall) Brandon Mazer Nicholas Messina and Zoom David Silk Austin Smith The Planning Board will conduct this meeting in a hybrid format via Zoom pursuant to the Remote Meeting Policy adopted by the Planning Board. Allow your computer to install the free Zoom app to get the best meeting experience. If you are not able to attend live either in person or via Zoom, a recording will be available in the Agenda Center following the meeting. For more information on how to use zoom, please go here: https://content.civicplus.com/api/assets/18148b5d-f26e-472f-8d2c-245db97e5c27. For public comment via Zoom, you will need to use the “raise your hand” feature. To raise your hand via the telephone, please hit *9. You will be un-muted by the host when it is time for public comment. Please note that the placement of items on this agenda are subject to change – please check the agenda center prior to the meeting for the item start time. Please click the link below to join the webinar: Join from PC, Mac, iPad, or Android: https://portlandmaine-gov.zoom.us/j/82362840578 Phone one-tap: +16469313860,,82362840578# US +19292056099,,82362840578# US (New York) Join via audio: +1 646 931 3860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 305 224 1968 US +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 386 347 5053 US +1 507 473 4847 US +1 564 217 2000 US +1 669 444 9171 US +1 669 900 6833 US (San Jose) +1 689 278 1000 US +1 719 359 4580 US +1 253 205 0468 US +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 360 209 5623 US Webinar ID: 823 6284 0578 International numbers available: https://portlandmaine-gov.zoom.us/u/kcGZ5WF7ix PUBLIC COMMENT INFORMATION: 1 Page 1 To submit written public comment on an agenda item, email planningboard@portlandmaine.gov. Submissions must be received by 12:00 pm the day before the Planning Board meeting to guarantee their inclusion in the agenda packet. All submissions must include the commenter's name and legal address. To help ensure your comment is submitted for the correct item, please include the name of the agenda item (see below). AGENDA: WORKSHOP - 4:30 PM i. Text Amendment to Article 7 of the Land Use Code; Peaks Island Council, Applicant. The Planning Board will hold a hybrid workshop to consider a proposed amendment to Article 7 of the Land Use Ordinance. This amendment would restrict lot coverage allowances for small island lots and would reduce the minimum lot area threshold for the creation of new small island lots within the IR-2 zone. A project and plan summary is available for viewing on the city’s CSS Portal (https://css.portlandmaine.gov/) by referencing Plan Number ZN-003492-2025. PUBLIC HEARING - 5:30 PM 1. ROLL CALL AND DECLARATION OF QUORUM 2. COMMUNICATION AND REPORTS 3. REPORT OF ATTENDANCE AT THE MEETING HELD ON JANUARY 13, 2026 Public Hearing 138 Auburn Street: Fox, Mazer, Messina, Robertson, Smith, Silk, and Zamboni present. 4. REPORTS OF DECISIONS AT THE MEETING HELD ON JANUARY 13, 2026 i. Subdivision; 138 Auburn Street; DBA First Lutheran Church, Applicant. Robertson motioned and Mazer seconded a motion to approve the Subdivision application. Vote 7-0. Robertson motioned and Mazer seconded a motion to adopt the staff report and draft approval letter as the Planning Board’s decision, and to authorize the Board Chair to sign the approval letter as drafted. Vote 7-0. 5. NEW BUSINESS i. Remand of HPBR-002814-2024; 42 Atlantic Street; LB Atlantic, LLC, Applicant. The Planning Board will hold a hybrid public hearing to remand a Certificate of Appropriateness (HPBR-002814-2024), for the development of a 30-unit housing project at 42 Atlantic Street within the Munjoy Hill Historic District, approved by the Historic Preservation Board on May 28, 2024, back to the Historic Preservation Board to make and adopt findings of fact pursuant to orders from the Maine Superior Court. A project and plan summary is available for viewing on the city’s CSS Portal (https://css.portlandmaine.gov/) by referencing Plan Number HPBR- 002814-2024. No public comment will be taken for this item. ii. Map and Text Amendments to the Land Use Code; City of Portland, Applicant. The Planning Board will hold a hybrid public hearing to consider and make a recommendation to the City Council on a series of proposed map and text amendments to the City’s Land Use Code. The amendments include changes to eight articles based on experience implementing ReCode, adopted in November, 2024. The proposed amendments address technical corrections, clarify interpretation, and resolve issues identified since the adoption of the City’s updated Land Use 2 Page 2 Code. Materials associated with these amendments will be posted to the City of Portland Agenda Center on Wednesday, January 21, 2026. 3 Page 3 Planning Board Memorandum Planning & Urban Development Department To: Chair Zamboni & Members of the Planning Board From: Taylor Colbeth Date: January 22, 2026 Re: Peaks Island Council Zoning Text Amendments Project ID: ZN-003492-2025 Meeting Date: January 27, 2026 I. INTRODUCION The Peaks Island Council (PIC) has submitted a Zoning Text Amendment application requesting amendments to the IR-2 Island Residential dimensional requirements, contained within Article 7 of the Land Use Code. As submitted by the applicant, the proposed amendments are intended to provide greater flexibility for lot divisions on Peaks Island to support additional residential development opportunities, while concurrently reducing allowable lot coverage in order to minimize development intensity on a lot-by-lot basis. This application is being referred to the Planning Board for consistency with the City’s Comprehensive Plan, which will result in a recommendation to adopt, adopt with modifications, or not adopt the proposed amendment to City Council. A legal advertisement ran in the January 15, 2026, and January 20, 2026, editions of the Portland Press Herald. Applicant: Peaks Island Council Figure 1. Peaks Island IR-2 Zone Boundary (outlined in red) Page 4 Planning Board Public Hearing | January 27, 2026 Article 7 Text Amendments | ZN-3492-2025 II. BACKGROUND Island-Residential Zone - 2 Generally, the purpose of the IR-2 zone is “to provide for a residential neighborhood environment on Portland’s islands in areas with adequate public services. Expansion or extension of IR-2 zoning is intended to be limited, generally focused on areas adjacent to existing IR-2 zones, and constrained by factors such as adequacy of access; availability of water for private use and fire protection; suitability of soils for subsurface wastewater disposal; and the presence of public sewer infrastructure. Select nonresidential uses may also be permitted within the IR-2 zone.” To reflect the islands’ rural character, limited utility infrastructure, and environmental sensitivities, the dimensional standards historically embodied these constraints. Specifically, development was limited to a maximum lot coverage of 20 percent on a minimum lot size of 20,000 square feet. While uses were generally limited to single-family dwellings, and Planned Residential Unit Developments. LD 2003 In 2023 the City’s zoning framework was reshaped by changes to state law. Prior to the adoption of ReCode in November 2024, LD 2003, An Act to Implement the Recommendations of the Commission to Increase Housing Opportunities in Maine by Studying Zoning and Land Use Restrictions, was signed into law in April 2022 and adopted locally in late 2023 (Order 85-23/24). The intent of LD 2003 was to remove regulatory barriers to housing creation in Maine, and the bill required that communities permit a minimum of two units per lot within areas zoned for residential use, outside of designated growth areas, with further allowances for accessory dwelling units (ADUs). For Portland, the Comprehensive Plan loosely defines growth areas as the mainland, with none of the islands identified as growth areas. As part of the city’s implementation process for LD 2003, the City Council made amendments during the review process an increased the lot coverage across the city’s residential zones, including island residential zones, to allow 60 percent maximum lot coverage (Order 85-23/24). This amendment resulted in the maximum lot coverage in the IR-2 zone increasing from 20 percent to 60 percent. ReCode In November 2024, the City Council adopted ReCode following a multi-year effort to align Portland’s land use regulations with the goals and policies of Portland’s Plan 2030, including targeted zoning amendments applicable to the City’s island zones. Guided by public input, adopted land use policy, and recent legislative changes, the City advanced limited expansions of the Island Business (I-B) and Island Residential (IR-2) zones. Amendments to the IR-2 zone also established a new small island lot provision intended to modestly expand housing opportunities—particularly in areas served by public water and sewer infrastructure—in response to concerns regarding the availability of year-round housing on Peaks Island. A key objective of the island zoning amendments was to address long-standing zoning nonconformities within the IR-2 zone, where many existing lots do not meet current Page 5 Planning Board Public Hearing | January 27, 2026 Article 7 Text Amendments | ZN-3492-2025 dimensional standards, including minimum lot size, frontage, setbacks, and lot coverage. The small island lot provision (Section 7.6.4.A) applies to IR-2 lots smaller than 20,000 square feet and establishes reduced dimensional standards, as set forth in Table 7-B of the Land Use Code. The regulations also allow certain larger parcels, greater than 20,000 square feet, to subdivide to create a small island lot, provided the remaining larger, primary parcel retains a minimum lot size of 20,000 square feet. In addition, the current Land Use Code permits up to two residential units by right on any developable island residential lot, with up to two additional ADUs per lot. Collectively, these amendments represent a measured expansion of residential development opportunities on the islands while maintaining development standards consistent with the IR-2 zone’s rural and environmental context as well as limited transportation options. III. PIC AMENDMENTS SUMMARY AND ANALYSIS The Peaks Island Council (PIC) is requesting a zoning text amendment to address two of their recommendations to the City that were considered during ReCode but ultimately, not incorporated into the final Land Use Code. A. Small Island Lot Subdivision (Section 7.6.4.a) The applicant is proposing that new small island lots created by a single lot division retain a minimum of 12,000 square feet, as opposed to the current requirement, 20,000 square feet. The applicant’s stated rationale is that reducing the minimum retained lot size would allow additional lot divisions on Peaks Island, primarily to enable existing property owners to convey portions of their land for new homes. The applicant asserts that this approach would support modest increases in year-round housing while maintaining the island’s rural character through continued limits on building scale and further subdivision. Staff Analysis The intent of the adopted small island lot provisions is to provide a limited tool to support modest housing creation on IR-2 lots that are able to meet base dimensional requirements, particularly larger parcels with access to existing public sewer and water infrastructure. The provision was not intended to function as an alternative minimum lot size standard for the IR-2 zone. GIS analysis conducted as part of ReCode identified 46 potential lot divisions under current zoning, 21 of which would have access to public sewer service (see Figure 2). An additional seven lots could potentially be served with short sewer extensions. Under the proposed PIC amendments, up to 56 additional lot divisions would be possible, 29 of which would have access to public sewer service. Maine Revised Statutes §4807-A requires that any lot smaller than 20,000 square feet be served by public sewer. As a result, fewer than half of the potential lot divisions identified would be feasible under current state law. This analysis also does not account for the practical feasibility of lot divisions given existing sewer capacity constraints on the island. The Portland Water District, which operates the Peaks Island Wastewater Treatment Facility, has advised the City that the facility has limited remaining capacity. Under current zoning, full buildout of existing undeveloped lots could significantly constrain Page 6 Planning Board Public Hearing | January 27, 2026 Article 7 Text Amendments | ZN-3492-2025 available capacity. The proposed amendment would introduce additional development potential within the existing sewer service area, accelerating the point at which the facility’s capacity would be reached. The City has requested updated capacity information from the Water District to better understand the potential impacts of the amendment. At this time, there are no plans to expand the wastewater treatment capacity at the Peaks Island facility. Finally, as part of the City’s 2017 comprehensive planning process, none of the islands were identified as priority growth areas. Priority growth areas are locations where the City intentionally directs growth based on infrastructure capacity, transportation access, and the ability to accommodate higher development intensity. This policy framework is intended to focus housing, employment, and infrastructure investments while supporting smart growth and limiting sprawl. Lastly, state legislation LD 1829, which is currently in the rulemaking process, would require municipalities to permit a minimum lot size of 5,000 square feet in designated growth areas, as well as in areas outside of growth areas that are served by public water and sewer. As a result, staff recommend delaying any local lot size amendments until the state rulemaking process is complete and the City can advance amendments to ensure compliance with LD 1829, which may require greater lot size reductions than those currently proposed by the PIC. Figure 2. Possible small island lot divisions under current Zoning Page 7 Planning Board Public Hearing | January 27, 2026 Article 7 Text Amendments | ZN-3492-2025 B. Lot Coverage (Table 7-B) The applicant is proposing that the maximum lot coverage for small island lots decrease from 60% to 45% with water permeable decks up to 60%. The rationale for this proposal, according to the applicant, is that 60% lot coverage is not sustainable, consistent, or measured, and that 45% would take into account the island’s environmental, social, and infrastructure carrying capacity. Staff Analysis Prior to ReCode, maximum lot coverage in the IR-2 zone was limited to 20 percent. This was subsequently revised to 60 percent for all IR-2 lots in response to changes associated with LD 2003, as amended and adopted by the City Council. In the final adopted Land Use Code, maximum lot coverage was reduced to 40 percent for standard-sized IR-2 lots, while the 60 percent maximum was retained for small island lots. The adopted 60 percent maximum lot coverage standard for small island lots resulted from a floor amendment approved unanimously by the City Council during the ReCode process in response to LD 2003. This standard was retained due to the Council recently adopted the provision and further intended to provide design flexibility on smaller parcels. The minimum lot size for a small island lot is 3,000 square feet; at 60 percent lot coverage, this allows up to 1,800 square feet of building footprint, accommodating a typical single-family home with flexibility for an accessory dwelling unit (ADU). The requirement that at least 30 percent of the lot be maintained as landscaped open space along with setback requirements ensures that residential development retains meaningful vegetated areas. Staff support reducing the maximum lot coverage to 45 percent and recommend establishing a single maximum lot coverage standard. Staff also note that decks are not included in the definition of building footprint and therefore do not count toward lot coverage. As such, including decks in this amendment is unnecessary. However, decks and other structures are considered when evaluating compliance with the 30 percent vegetated open space requirement. Staff are also proposing to clarify this distinction as part of a separate package of technical amendments to the Land Use Code currently before the Planning Board. Staff recommend eliminating the waterproof deck proposal. IV. COMPREHENSIVE PLAN ANALYSIS Section 1.10.4 of the Land Use Code requires that all amendments be consistent with the Comprehensive Plan. For purposes of this review, the Planning Board is evaluating the proposed text amendment for consistency with the City’s Vision Statement and the six related elements, strategies, and goals outlined in the Comprehensive Plan, in order to make a recommendation to the City Council. In doing so, the Board will consider how the amendment advances housing creation while also ensuring that growth occurs in a sustainable manner that accounts for environmental and fiscal considerations. V. NEXT STEPS Staff will schedule a public hearing following the initial workshop. At the public hearing, the board will vote to recommend, not recommend, or recommend with amendments to City Council. Page 8 AMENDMENT 3 TO ORDER 85-22/23 PREPARED BY CORPORATION COUNSEL FOR COUNCILOR RODRIGUEZ RE: COMPLIANCE WITH DIMENSIONAL REQUIREMENTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORTLAND, MAINE IN CITY COUNCIL ASSEMBLED AS FOLLOWS: That Chapter 14, Sections 3, 6, 7, 18 and 19 are hereby amended to read as follows, on the following pages: ... lot area per dwelling unit requirements. This exception shall not allow a lot to 6.4.2. Additional residential use permissions exceed 60% lot coverage unless A. In island zones: Up to two units are permitted by the underlying zone. permitted on any lawfully conforming lot that A.C. Sections 6.4.2(A) and (B) shall not apply does not contain an existing dwelling unit. to lots on which a dwelling unit in existence Such units may be located: on July 1, 2023 is demolished and a vacant In two separate structures, so long as lot results. the minimum lot area per dwelling unit B.D. Lots with one existing dwelling unit in any standards of Article 7 are met, or zone where residential is a permitted or Within a single structure, in which case conditional use: the minimum lot area per dwelling unit 1. Up to two additional dwelling units are standards of Article 7 shall not apply. permitted on any lawfully conforming lot Such units shall comply with all containing one existing dwelling unit. dimensional requirements of the 2. Such units may be located: underlying zone except lot coverage and i. In separate structures, so long as lot area per dwelling unit requirements. the minimum lot area per dwelling This exception shall not allow a lot to unit standards of Article 7 are met, exceed 60% lot coverage unless or permitted by the underlying zone. ii. Within or attached to the existing B. In mainland zones where residential is a structure, in which case the lot area permitted or conditional use: Up to four units per dwelling unit standards of Article are permitted on any lawfully conforming lot 7 shall not apply. that does not contain an existing dwelling 3. Units created under this section 6.4.2 unit. Such units may be located: shall not be considered accessory In separate structures, so long as the dwelling units under Section 6.6.2(A). minimum lot area per dwelling unit standards of Article 7 are met, or ... Within a single structure, in which case the minimum lot area per dwelling unit standards of Article 7 shall not apply. Such units shall comply with all dimensional requirements of the underlying zone except lot coverage and Page 9 ​Application for Text Amendment to Land Use Code​ ​City of Portland, Maine​ ​In re​​Coverage and Subdivision of Small Island Lots.​ ​By​​Peaks Island Council, City of Portland, Maine.​ ​Dated​​December 3, 2025.​ ​Table of Contents:​ ​Introduction…………………………………………….1​ ​A.​ ​Peaks Island Council…………………..……….1​ ​B.​ ​Background on Proposed Amendments………..1​ ​C.​ ​Procedural History……………………………..2​ ​Standard of Review…………………………………….2​ ​Proposed Text Amendments……………………………3​ ​Discussion………………………..……………………..3​ ​Conclusion……………………………………………...7​ ​Request for Expedited Hearing…………………………7​ ​Request for Fee Waiver ………………………………...7​ ​Exhibits / Supporting Documentation:​ ​A.​ ​September 26, 2025, PIC recommendation to​ ​Planning Department……………………………​9 ​B.​ ​August 28, 2025, PIC recommendations to​ ​Planning Department……………………………​11 ​C.​ ​May 21, 2025, Motion to Recommend​ ​Ordinance Amendments…………………………​13 ​D.​ ​October 22, 2025, Amended Motion to​ ​Recommend Ordinance Amendments………….​ 17 Page 10 ​Introduction​ ​A.​ ​Peaks Island Council​ ​The Peaks Island Council is an elected municipal body that exercises advisory and​ ​delegated substantive authority. (City Charter Art. VIII § 1-B, Code of Ordinances Ch. 9 Art. IV.)​ ​Its purpose is to “provide the residents of Peaks Island with a different method of gathering input​ ​from its residents as to issues of concern to them and to provide such input to the members of the​ ​Portland city council.”​ ​It is authorized to “exercise any powers and perform any functions on Peaks Island​ ​including but not limited to: ... Advisory or delegated substantive authority, or both, to hold​ ​public hearings, gather community input and make recommendations to the city council with​ ​respect to … planning and zoning actions… and recommendations for ordinance amendments.”​ ​(City Code Ch. 9 § 54(a).)​ ​B.​ ​Background on Proposed Amendments​ ​During the multi-year ReCode process, the Peaks Island Council (“P.I.C.”) and two of its​ ​committees (Housing and Zoning Committee and the Recode and Tax Assessment Committee)​ ​worked closely with the Planning Board’s ad hoc ReCode Committee staff to ensure that the​ ​ReCode project would reflect local needs and values.​ ​Formal P.I.C. recommendations to ReCode staff and the Planning Board reflected​ ​extensive community input from survey responses, P.I.C. meeting discussions and votes, and​ ​several well-attended informational community meetings (the most recent being standing room​ ​only).​ ​A number of island concerns were addressed: the creation of the small island lot category,​ ​a change in setbacks, and the introduction of Cottage Court developments.​ ​However, two items were repeatedly recommended through formal and informal​ ​channels; in the end, they were excluded from the final Land Use Code. These are:​ ​○​ ​Increasing opportunities to subdivide Small Island Lots.​ ​○​ ​Addressing the lot coverage limit on Small Island Lots.​ ​These items, addressed in greater detail below, address community priorities as expressed​ ​in survey results, community meetings, and individual communications to the P.I.C.. They find a​ Page 11 ​middle ground between the preservation of the neighborhood character and the clear need for​ ​new housing.​​The position of the community is clear:​​we do want more housing, but we want it​ ​to be sustainable, and we certainly want it consistent with the City’s Comprehensive Plan.​ ​C. Procedural History​ ​In April of 2025, the P.I.C. completed its first reading of a recommendation to the City​ ​Council (under the authority of City Code Ch. 9 § 54(a)) that is substantially similar as that​ ​which is laid out here. In May of 2025 it had a second reading and voted to adopt said​ ​recommendation and, some time later, filed it with the City Clerk so that the City Council would​ ​“on its regular agenda schedule timely discussion and opportunity for adoption of​ ​recommendations made by the Peaks Island council.” City Code Ch. 9 §54(b).​ ​The recommended amendments must be reviewed by the Planning Authority before it can​ ​be adopted by the City Council. 30-A MRS § 4352(9). Thus, this application is being filed.​ ​To that end, members of the Peaks Island Council met with the Planning Authority staff​ ​in August 2025 to review the proposed changes, among other things.​ ​The P.I.C. considered and incorporated feedback from that meeting into the proposal,​ ​voting in its October meeting to adopt the language represented here, and to move forward with​ ​the mandatory Planning Board review.​ ​Now, it files this application such that the Planning Board’s recommendation and Peaks​ ​Island Council’s recommendation can be heard and voted on by the City Council in due course.​ ​Standard of Review​ ​The standard of review for text amendment applications is that “[e]xcept as otherwise​ ​required by law, amendments to the City’s Land Use Code shall be pursuant to and consistent​ ​with the Comprehensive Plan.”​​See​​Land Use Code 1.10.4​​and 1.10.2(D) and​​see also​​30-A MRS​ ​§ 4352(2). This standard applies to each stage of the amendment process, at the Planning​ ​Authority, Planning Board, and City Council level.​ ​Proposed Amendments​ Page 12 ​1.​ ​Subdivision.​​Article 7.6.4(a)(1) of Chapter 14 of the Code of Ordinances should be​ ​amended to read as follows:​ ​New Small Island Lots may only be created by a single lot division of an existing​ ​lot, with the remaining developed portion​​(a)​​meeting​​the standard dimensional​ ​requirements of the IR-2 zone​, or (b) retaining at​​a minimum 12,000 SF, on the​ ​condition that the resulting lot is subject to an Affordable Housing Covenant as​ ​provided by 33 MRS Ch. 6.​​Further division of the​​remaining lot to create​ ​additional Small Island Lots is prohibited.​ ​2.​ ​Lot Coverage.​​Table 7-B of Chapter 14 of the Code​​of Ordinances should be amended to​ ​read as follows:​ ​IR-2​ ​Lot Coverage​ ​40%,​​except​​60%​​45% with water permeable decks up​ ​(Max.)​ ​to 60%​​if small island lot per Subsection 7.6.4.​ ​3.​ ​Implementation.​​These amendments should not apply​​to projects undergoing permitting​ ​and should not become effective until 30 days from the date of adoption.​ ​Discussion​ ​A. Small Island Lot Division​ ​Substance of Amendment:​ ​Expand opportunities for lot division and affordable housing development, reinforcing​ ​historically successful development patterns.​ ​Rationale:​ ​Subdivision is an essential tool for sustainably increasing the island’s year-round housing​ ​stock in a way that is community-driven. This change allows more landowners to divide and​ ​convey a small lot to people within the community – this is an excellent opportunity for small​ ​growth. At the same time, the Affordable Housing Covenant requirement guards against abuse of​ ​this expanded opportunity.​ ​A small island lot is 3,000-19,999 square feet. The proposed amendment would result in​ ​some 12,000 square feet lots– four times larger than the minimum-sized lot, rather than nearly​ ​seven times larger. And notably, the resulting lots would be constrained to affordable housing​ ​development. The City has already determined that the minimum size for the resulting lot is​ ​3,000 square feet.​ ​And finally, as to whether this increased opportunity is too broad and would lead to​ ​development sprawl. While it's true this change would result in more buildable lots, not all of​ ​those lots will be buildable: they are subject to environmental and setback constraints, as well as​ Page 13 ​the geometry of existing build structures on the original lot. And the City​​does​​recognize room​ ​for development on Peaks: “… Peaks Island is the island with the most potential to accommodate​ ​some additional housing and other development, and its zoning warrants consideration for tools​ ​to create new housing opportunities that also recognize the unique and sensitive island context.”​ ​Recode Portland Phase II Land Use Code Evaluation, p. 44.​ ​We argue here that the expanded subdivision opportunity, including an Affordable​ ​Housing Covenant requirement, is precisely such a “tool[] to create new housing opportunities​ ​that also recognize the unique and sensitive island context.” Id.​ ​City Data:​ ​● Currently there are 36 subdivisions possible (e.g. residential lots in IR-2 over 23,000 SF).​ ​(Estimate.)​ ​● This change would allow up to 51 additional subdivisions. (Estimate.)​ ​Relation to Comprehensive Plan:​ ​The proposed change is compliant and pursuant to the City’s Comprehensive Plan (“Plan​ ​2030”). Regarding land use policies, Plan 2030 provides: “The Future Land Use framework​ ​builds on our most successful existing patterns and guides future changes… policies should​ ​encourage the distinct qualities of each [neighborhood]. This does not imply freezing​ ​neighborhoods as they are,​​but allowing change that is compatible with current development​ ​patterns​.” Plan 2030, “Principles of Future Land Use: Complete Neighborhoods”, p. 79.​ ​Emphasis added.​ ​The proposed change builds on successful existing patterns and allows change​ ​compatible with those patterns: Peaks as a neighborhood is rural in character, with home- and​ ​land-ownership being an important social and economic object. Creating more opportunities for​ ​subdivision creates new opportunities for new, affordable ownership while maintaining the​ ​remarkable, close-knit community; and requiring an Affordable Housing Covenant prevents​ ​housing development that centers that community rather than profit. In fact, affordable housing​ ​only increases the economic opportunities in a community, widening the socioeconomic diversity​ ​of the island.​ ​In short: the proposed change will make Peaks Island a more complete neighborhood– in​ ​pursuance and compliance with Plan 2030– and will encourage the distinct qualities of the​ ​neighborhood.​ ​B. IR-2 Small Island Lot Coverage​ ​Substance of Amendment:​ ​Before ReCode, lot coverage was 20%. Today, for Small Island Lots, it is 60% (Land Use​ ​Code Table 7-B, p. 7-9.) Here, we are applying for a middle-ground figure of 45%, while still​ ​allowing water permeable decks up to 60%.​ ​Rationale, generally:​ ​45% lot coverage takes into account the island’s carrying capacity – environmental,​ Page 14 ​social, and infrastructural.​ ​With lot coverage previously set at 20%, and the actual average of affected lots being​ ​around 21%, to triple this to 60% is not consistent, sustainable, or measured when compared to​ ​existing patterns (i.e., 21%-- see​​City Data​​below).​​The balance of the natural and built​ ​landscape is essential to the island. There are around 373 Small island lots – increasing lot​ ​coverage of Small Island Lots to 60% (as in mainland Portland) denigrates this equilibrium and​ ​harms the sensitive ecology of this small island. The figure of 45% balances the City’s two goals​ ​of the preservation of the neighborhood character and the need for new housing– and complies​ ​with the City’s Plan 2030. ADUs are exempt from lot coverage calculations.​ ​This recommendation is also rooted in the history of the ReCode project. The lot​ ​coverage set by the first draft of the ReCode was 30%. When the figure grew to 60% in the​ ​second draft, the Peaks Island Council began formally opposing the higher figure and​ ​recommending a lower figure– in line with community input captured by ReCode, the P.I.C., and​ ​Plan 2030. There were three unanimous P.I.C. votes for 40-45% lot coverage for Small Island​ ​Lots:​ ​1.​ ​August 28, 2024, voted unanimously to “strongly oppose” the 60% figure and​ ​recommend to Planning 40% lot coverage on Small Island Lots, among other things.​ ​2.​ ​September 25, 2024, voted unanimously to recommend 45% lot coverage on Small Island​ ​Lots, among other things.​ ​3.​ ​October 23, 2024 voted for amendment to ReCode requesting 45% lot coverage on Small​ ​Island Lots, among other things.​ ​Additionally, a Peaks Island ReCode open house event and community meetings clearly​ ​indicated the desire for a more measured figure. The proposed 45% achieves that objective.​ ​City Data:​ ​● The average lot coverage of Small Island Lots on Peaks is 21.45%. (Estimated.)​ ​● Out of the 373 Small Island Lots, only 17 exceed the threshold of 45%. (Estimated.)​ ​Rationale re Water Permeable Decks:​ ​The proposed 45% lot coverage for built structures will permit owners to develop​ ​projects that balance the built environment with the natural environment. The allowance of decks​ ​to cover additional area on small island lots provides additional outdoor space for the residents​ ​while not oversizing the structure for the property, and subsequently reducing access to natural​ ​light to adjacent properties. Deck structures allow water infiltration to occur naturally on the site,​ ​unlike an impermeable surface, and the increased area would cause a less adverse effect than a​ ​structure that covered 60% of a lot area.​ ​Relation to Comprehensive Plan:​ ​We should heed the community’s signals that the new lot coverage figure does not “build​ ​… on our most successful existing patterns [or] encourage the distinct qualities of each​ Page 15 ​[neighborhood]” and moreover does not adequately “protect[] the State’s rural character … and​ ​prevent[] development sprawl.” Comprehensive Plan p. 78.​ ​“The islands are comparatively rural, contrasting with the mainland of the city.”​ ​Comprehensive Plan with appendices p. 276. “The city’s historic land use patterns … [traverse]​ ​a spectrum from a relatively high-density historic center to the rural character of Portland’s​ ​islands… Portland’s Plan anticipates that predominantly residential … and open space areas will​ ​remain​​largely consistent with existing patterns​.”​​Comprehensive Plan, p. 80. Emphasis added.​ ​The overnight shift from 20% coverage to 60% coverage is not consistent with the​ ​existing patterns for residential and open space; it is​​not​​largely consistent with existing patterns;​ ​it more than triples the density of the existing pattern. When the Comprehensive Plan which​ ​governs these proceedings was adopted, it was understood that “[t]he islands are comparatively​ ​rural, contrasting with the mainland of the city.” Comprehensive Plan with appendices p. 276. If​ ​lots were to develop at 60%, Peaks would​​not​​contrast​​with the mainland of the City.​ ​For these reasons, a 45% figure is more in line with the Comprehensive Plan over the​ ​current 60%; for “[Plan 2030’s future land use framework] does not imply freezing​ ​neighborhoods as they are, but allowing change that is compatible with current development​ ​patterns.” Comprehensive Plan p. 78.​ ​Conclusion​ ​The standard of review in this proceeding is “compliance and pursuance to the​ ​Comprehensive Plan”. Since the proposed amendments meet this standard, the Planning Board​ ​should recommend the text amendment be adopted, with or without modifications.​ ​Request for Expedited Hearing​ ​As described above, the P.I.C. has made numerous formal representations to this Board​ ​and its staff regarding these issues. For this reason, we humbly request the review and hearing be​ ​expedited by the Board.​ ​Request for Fee Waiver​ ​The Peaks Island Council requests the Planning Board/Authority waive the application​ ​fee in this case; the Peaks Island Council (1) is a governmental body and (2) can establish​ ​financial hardship, as it does not have budgeted the $9,000.00 application fee. Land Use Code​ ​1.10.2​ Page 16 ​Dated​​December 3, 2025.​ ​As authorized​​October 22, 2025.​ ​Respectfully submitted,​ ​BY:​ ​/s/ Karsten Rees​ ​krees@portlandmaine.gov​ ​/s/ Laura Glendening​ ​lglendening@portlandmaine.gov​ ​Housing and Zoning Committee, Peaks Island Council​ ​pic.housingandzoning@portlandmaine.gov​ ​ON BEHALF OF:​ ​Peaks Island Council, City of Portland​ ​pic@portlandmaine.gov​ ​.​ ​CC:​ ​Kevin Kraft & Hellen Donaldson​ ​Michael Goldman, Esq.​ ​Sarah Michniewicz​ ​Members, Peaks Island Council / Housing and Zoning Committee​ Page 17 EXHIBIT A ​PIC ReCode recommendations​ ​proposed by the PIC Housing & Zoning Committee​ ​amended by the Peaks Island Council 9.25.24​ ​sent to the Planning Department 9.26.24​ ​The Peaks Island Council and its Housing and Zoning Committee make the following​ ​recommendations in an effort to create a an incremental approach to development:​ ​●​ ​that recognizes the unique character and qualities of Peaks Island​ ​●​ ​that balances sustaining a vibrate year-round community and preservation of the natural​ ​environment​ ​●​ ​and that holds a concern for the impact of development on the infrastructure as well as​ ​the traditional culture of the island in suddenly and greatly increasing the built density we​ ​recommend the following.​ ​New IB:​ ​We recommend that the following lots be zoned IB with requirements for fencing and limits on​ ​outdoor lighting.​ ​146 Central Ave​ ​159 Central Ave​ ​164 Central Ave​ ​179 Central Ave​ ​3 Central Ave Extension​ ​Additionally, we ask that the city identify additional properties for inclusion in the I-B, be they on​ ​Central Ave, Brackett Ave, or elsewhere on the island.​ ​We ask that the city limit hours of public operation to 9am to 5pm within the I-B zone when there​ i​s an absence of water and sewer.​ ​Total number of units allowed on a lot:​ ​We recommend:​ ​In IR-1, IR-2, and Small Island lots of 5,000 SF or more, a total of three units in the form of a​ ​two family and one ADU.​ ​On Small Island lots of 3,000-4,999 SF we recommend a total of two units, consisting of either a​ ​two family or a one family with one ADU.​ ​Lot Coverage:​ ​We recommend:​ ​IR-1 - 20% (as in final ReCode draft)​ Page 18 8 ​IR-2 - 40% (as in final ReCode draft)​ ​IR-2 - Small Island Lot - 45% (down from 60% in the final ReCode draft)​ ​IB - 60% (as in final ReCode draft)​ ​Commercial Vehicle Parking Lot:​ ​We recommend City Planning and City Council work in conjunction with the DPW to create a​ ​commercial vehicle parking lot that would provide business owners on the island a place to park​ ​their work trucks and trailers.​ ​Maps:​ ​We recommend that all maps of Peaks Island include the public city owned land including​ ​shoreline access points and rights of way.​ Page 19 9 EXHIBIT B ​Recommendations to ReCode/Portland Planning​ ​August 28, 2024​ ​Submitted by the PIC Housing and Zoning Committee​ ​1. Small Island Lot Allowance​ ​3,000 square feet: we continue to support this number as compatible with many already​ ​built island lots in IR-2​ ​We support the Small Island Lot allowance only with Island specific limits on​ ​short-term rentals (as the PIC voted for at their recent meeting), having been put in​ ​place prior to the city council approval of new land use code.​ ​2. Dimensional standards on Small Island Lots:​ ​We recommend 10’ for each side (vs 5’ in second draft) and 15’ rear (vs. 10’ in second​ ​draft). A primary consideration is ensuring safe access by emergency personnel and​ ​vehicles, especially in case of fire.​ ​3. 40% lot coverage for all Island lots except IB-1 (50%)​ ​We strongly oppose the proposed 60% permitted coverage for all lots. We recommend​ ​40% for residential lots, which represents a doubling of current coverage, would allow​ ​flexibility for improving existing properties as well as building new dwellings, but still be in​ ​keeping with the character of existing neighborhoods.​ ​4. Creating a Small Island Lot from a larger existing lot​ ​The​​second​​draft​​allows​​owners​​of​​lots​​of​​at​​least​​23,000​​sq​​feet​​to​​separate​​off​​one​ ​3000​​sq​​ft​​small​​lot,​​leaving​​the​​primary​​lot​​at​​20,000​​(the​​general​​standard​​for​​IR-2).​ ​We recommend that in IR-2 consideration be given to allowing any occupied lot of at​ l​east 10,000 sq. ft. to separate off 3,000 for a Small Island Lot – leaving at least 7,000 for​ ​the primary lot (as long as that lot maintains all the setback requirements of IR-2).​ ​5. Permitted number of dwellings on all formerly single-family lots​ ​We support permitting up to 2 dwellings on any island lot, as enacted in LD 2003 by the​ ​Maine legislature. We strongly oppose permitting 3 dwellings on any island lot, as totally​ ​out of keeping with island character, and at odds with the expressed preferences of​ ​hundreds of islanders for when surveyed.​ ​6.​​We support the allowance of ADUs for only year-round​​housing and request that​ ​this requirement is put back in the Land Use Code.​ ​7. New Business Zone Category, IB-2​ ​The intent of this suggested new category is to create space for additional small​ ​businesses primarily serving islanders needs, but with limitation appropriate for its​ Page 20 10 ​setting, such as:​ ​Maintains setbacks of IR-2​ ​Hour of operation limits, such as 9-5:00, to minimize noise impacts​ ​Use limits, such as no hotels or restaurants​ ​Rear fencing requirements to reduce visual and sound impacts​ ​Suggested Location for IB-2​ ​Starting at Central Ave and Ernest St intersection (at the Health Center) extending east​ ​down Central Ave and Central Ave Extension to intersection with Highland Ave.​ ​8. Need for zoning that supports:​ ​Sustainable year-round community.​ ​Working waterfront, and traditions and rural culture unique to Maine island living.​ ​Healthy and well maintained systems – ecosystems, sewer systems, road use​ ​safety.​ Page 21 11 EXHIBIT C Amended Report and Motion RE: Land Use ReCode / May meeting TO: Peaks Island Council (pic@portlandmaine.gov) FROM: PIC Housing and Zoning (pic.housingandzoning@portlandmaine.gov) CC: Sarah Michniewicz (smichniewicz@portlandmaine.gov) DATED: May 21, 2025 Amended Report Background Over the last three years, the Peaks Island Council (PIC), supported by the PIC Housing and Zoning Committee and the Recode and Tax Assessment Committee, worked with ReCode staff to ensure that the ReCode process would reflect community needs and values. Formal PIC recommendations to ReCode reflected extensive community input from survey responses, PIC meeting discussions and votes, and several well-attended informational community meetings (the most recent being standing room only). These recommendations also reflected the Peaks Island Council’s official capacity as a representative and advisory body within the City’s elected government.1 Planning staff were receptive, accessible, and adopted a number of the PIC recommendations. A number of critical island concerns were addressed: the creation of the small island lot category, a change in setbacks, and the allowance of Cottage Court developments. However, two items were repeatedly recommended to the ReCode staff; in the end, they were excluded from the final land use code. These are: 1.​ Decreasing the size required to subdivide Small Island Lots. 2.​ Lot coverage limit on Small Island Lots. These items, addressed in greater detail below, address community priorities as expressed in survey results, community meetings, and individual communications to the PIC. They find a middle ground between the preservation of the neighborhood character and the clear need for new housing. We want more housing, but we want it to be sustainable. 1. Small Island Lot Division Proposed Amendment: “New Small Island Lots may only be created by a single lot division of an existing lot, with the remaining developed portion retaining at a minimum 12,000 SF meeting the standard dimensional requirements of the IR-2 zone. Further division of the remaining lot to create additional Small Island Lots is prohibited.” (Land Use Code Article 7.6.4(A)(4), p. 7-24) 1 See City Charter Art. VIII §1-B and City Code Ch. 9 Art. IV. Page 22 12 Rationale: Subdivision is an essential tool for sustainably increasing the island’s year-round housing stock in a way that is community-driven. This change allows landowners to transfer a small lot to people such as family members, friends, those seeking to reside on the island where they may work – this is an excellent opportunity for small growth. A small island lot is 3,000-19,999 SF, this allows for two small lots to be adjacent – which happens all across IR-2. We propose here a lot size that is just four times larger than the minimum-sized lot rather than nearly seven times larger. That is, 12,000 square feet rather than 20,000 square feet. Regardless of whether it is 12,000 square feet or 20,000 square feet, we know it will be many times larger than 3,000 square feet! City Data: ●​ Currently there are 36 subdivisions possible (e.g. residential lots in IR-2 over 23,000 SF). ●​ Lowering the minimum size to subdivide off a piece of land to 15,000 SF (12,000 SF remaining, 3,000 new small island lot), would allow for an added 51 subdivisions subject to environmental and setback constraints. 2. IR-2 Small Island Lot Coverage Before ReCode: 20%. Existing: 60% (Land Use Code Table 7-B, p. 7-9.) Proposed: 45% (Excluding projects in permitting at time of adoption.) Rationale: 45% lot coverage takes into account the island’s carrying capacity – environmental, social, and infrastructural. With lot coverage previously set at 20%, to triple this to 60% is not consistent, sustainable, or measured. The balance of the natural and built landscape is essential to the island. There are 373 Small island lots – increasing lot coverage of Small Island Lots to 60% (as in mainland Portland) denigrates this equilibrium and harms the sensitive ecology of this small island. The figure of 45% balances the City’s two goals of the preservation of the neighborhood character and the need for new housing– and complies with the City’s Plan 2030. ADUs are exempt from maximum lot coverage calculations. Plan 2030 “adopts a focused approach to growth in targeted areas across the City ... Areas… are not immune from change now or in the future, but it is expected that they will largely maintain their predominant land use patterns.” The lot coverage set by the first draft of the ReCode was 30%. When the figure grew to 60% in the second draft, we began formally opposing the higher figure and recommending a lower figure. There were three unanimous PIC votes for 45% lot coverage for Small Island Lots: Page 23 13 1.​ August 28, voted unanimously to “strongly oppose” the 60% figure and recommend to Planning 40% lot coverage on Small Island Lots. 2.​ September 25, voted unanimously to recommend to Planning 45% lot coverage on Small Island Lots. 3.​ October 23, voted for amendment to ReCode requesting 45% lot coverage on Small Island Lots Additionally, a Peaks Island ReCode open house event and community meetings clearly indicated the desire for a figure lower than 60%. City Data: ●​ The average lot coverage of Small Island Lots on Peaks is 21.45%. ●​ Out of the 373 Small Island Lots, only 17 exceed the threshold of 45%. Page 24 14 Motion to Recommend Ordinance Amendments Motion I move the Peaks Island Council to recommend the following amendments: 1.​ Section 7.6.4(a)(1), of Chapter 14 of the Code of Ordinances should be amended to read as follows: New Small Island Lots may only be created by a single lot division of an existing lot, with the remaining developed portion retaining at a minimum 12,000 SF meeting the standard dimensional requirements of the IR-2 zone. Further division of the remaining lot to create additional Small Island Lots is prohibited. 2.​ Table 7-B of Chapter 14 of the Code of Ordinances should be amended to read as follows: IR-2 40%, except 45% 60% if small island lot per Subsection Lot Coverage (Max.) 7.6.4. But that this amendment should not apply to projects undergoing permitting, and its effective date should be deferred 30 days. … and to file such recommendations with the City Clerk for hearing and adoption by the City Council. Legal References This motion is made with reference to the following provisions of the City Code and City Charter. 1.​ City Charter Art. 8 § 1-B: The Peaks Island Council “shall act as an elected advisory body to the City Council.” 2.​ City Code § 9-54(a): “exercise any powers and perform any functions… including but not limited to… mak[ing] recommendations to the city council with respect to… planning and zoning actions… [and] recommendations for ordinance amendments.” 3.​ City Code § 9-54(b): “The City Council shall on its regular agenda schedule timely discussion and opportunity for adoption of recommendations made by the Peaks Island council… in the same manner as votes on other matters on the city council agenda.” Page 25 15 EXHIBIT D Motion to Recommend Ordinance Amendments Motion I move the Peaks Island Council to recommend that: 1. Article 7.6.4(a)(1) of Chapter 14 of the Code of Ordinances should be amended to read as follows: New Small Island Lots may only be created by a single lot division of an existing lot, with the remaining developed portion (a) meeting the standard dimensional requirements of the IR-2 zone, or (b) retaining at a minimum 12,000 SF, on the condition that the resulting lot is subject to an Affordable Housing Covenant as provided by 33 MRS Ch. 6. Further division of the remaining lot to create additional Small Island Lots is prohibited. 2. Table 7-B of Chapter 14 of the Code of Ordinances should be amended to read as follows: IR-2 40%, except 60% 45% with water permeable decks up Lot Coverage (Max.) to 60% if small island lot per Subsection 7.6.4. … subject to the following restrictions: (1) These amendments should not apply to projects undergoing permitting; and (2) Should become effective only 30 days from the date of adoption. ... and to file this recommendation with the City Clerk for discussion and adoption by the City Council (after the Planning Board has conducted its mandatory review of this material). Table of Authorities 1. “The City Council shall on its regular agenda schedule timely discussion and opportunity for adoption of recommendations made by the Peaks Island council… in the same manner as votes on other matters on the city council agenda.” City Code § 9-54(b). 2. “The Peaks Island Council may exercise any powers and perform any functions… including but not limited to… mak[ing] recommendations to the city council with respect to… planning and zoning actions… [and] recommendations for ordinance amendments.” City Code § 9-54(a). Page 26 16 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Att. A Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Att. B Page 49 ‑ ‑ Page 50 Page 51 Page 52 ‑ ‑ Page 53 ‑ ‑ Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 ‑ Page 70 Page 71 ‑ Page 72 ‑ Page 73 ‑ Page 74 Page 75 Att. C ⏺) ◐) ⏺/◐) Page 76 Page 77 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ⏺ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ⏺ ⏺ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ⏺/◐ ⏺/◐ ⏺/◐ ⏺/◐ ⏺/◐ ⏺/◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ◐ ◐ ◐ ◐ ◐ ⏺ ◐ ⏺◐ Page 78 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ⏺ ◐ ⏺ ◐ ◐ ⏺ ⏺ ◐ ◐ ◐ ⏺ ⏺ ⏺ ◐ ◐ ⏺ ◐ ⏺ ⏺ ⏺ ◐ ◐ ◐ ◐ ⏺ ◐ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ◐ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ◐ ◐ ⏺ ⏺ ⏺ ⏺ ◐ ⏺◐ Page 79 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ◐ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ⏺ ◐ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ◐ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ⏺◐ Page 80 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ◐ ◐ ⏺ ◐ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺/◐ ⏺ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ◐ ◐ ◐ ◐ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ◐ ◐ ◐ ◐ ◐ ⏺ ◐ ⏺◐ Page 81 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ◐ ⏺ ◐ ⏺◐ Page 82 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ⏺ ◐ ⏺◐ Page 83 ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ◐ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ⏺◐ Page 84 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ◐ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ⏺ ◐ ⏺◐ Page 85 ⏺ ◐ ⏺ ⏺ ⏺ ◐ ◐ ◐ ⏺/◐ ⏺ ◐ ◐ ⏺ ◐ ⏺◐ Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Page 113 Page 114 Page 115 Att. D Page 116 ‑ Page 117 Page 118 Page 119 ‑ ‑ Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Att. E Page 143 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Page 144 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Page 145 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Page 146 Page 147 Page 148 Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 See Table 8-B Page 157 Page 158 • • • • • • • • • • • • • • • • • • • • Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ⏺= ◐= Page 176 Page 177 Page 178 Page 179 Page 180 Page 181 Page 182 Page 183 Page 184 Page 185 Page 186 Page 187 Att. F Page 188 Page 189 § ◐ ◐ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ◐ ⏺ ⏺ ⏺ ⏺* ⏺ ⏺ ⏺ ⏺ ◐ * Page 190 Page 191 Page 192 Page 193 Page 194 Page 195 Page 196 Page 197 . Page 198 Page 199 Page 200 Page 201 Page 202 Page 203 Page 204 Page 205 Page 206 Page 207 Page 208 Page 209 Att. G Page 210 Page 211 ⏺ ⏺ ⏺ Page 212 Page 213 Page 214 Page 215 Page 216 Page 217 ⚫ Page 218 ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ Page 219 Page 220 ⚫ Page 221 ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫3 ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫3 ⚫ ⚫ ⚫2 ⚫ ⚫ ⚫4 ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫ Page 222 Page 223 Page 224 Page 225 Page 226 Page 227 Page 228 Page 229 Page 230 Page 231 Page 232 Page 233 Page 234 Page 235 Page 236 Page 237 Page 238 Page 239 Page 240 Page 241 Page 242 Page 243 Page 244