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Home My WebLink About1994-06-13 94-273 ORDINANCECOUNCIL ACTION ga ZI3 Item No. Date June 13, 1994 Item/Subject: Adopting Development Moratorium within the Area Bounded by State Street, Hogan Road, Mount Hope Avenue, Howard Street, Garland Street, and Egery Street Responsible Department: Legal The attached Ordinance would impose a moratorium on non-residential - sidential development within thea a bounded by State Street, Hogan Road, Mount Hope Avenue, Howard Street, Garland Street, and Egery Street. As drafted, the moratorium would expire November 30, 1994, unless renewed for an additional period of up to 180 days as provided in 30-A M.R.S.A. S 4356. Adoption of a moratorium is necessary to enable the City to assess s the impact of proposed non-residential development projects oexisting public sewers in the area,.and to permit study and modification of the City's existing Comprehensive Plan and Land Development Code to address problems posed by unrestricted expansion of institutional uses in the area concerned. � Manager's M.LL,w dJ.tX_Q1�1M1..,1 I•'•'[W[+-I .�fKWoa'hWi py �a City Manage Associated Information: Q Finance Director Legal Approval: chis item will require five - affirmative votes for final approval. So i i u e City l'c'tor Introduced For Passage fek Reading Referral %113 4 yypm� �hv. Page I of June 13,1994 94-273 Amired to Councilor Saldacci - CITY OF BANGOR YTITkP (DrbiltM=, Adopting Development morator I Ium 11 within 1. the AlAx Scr nded by State Street, Hogan Road, Mount Hope Avenue, Howard Stieetp„Garland Street, and Egery Street Be it orda4ud by fhe aty CemmQ of sty ofBesyor, a rdbmc WHEREAS, the State of Maine has recently proposed to locate a juvenile detention center on land in the City of Bangor, owned by the State of Maine, adjacent to Bangor Mental Health Institute; and WHgREAS, the juvenile detention center, as proposed, would bs Ilk i..." constructed in part on land currently designated in the City's Comprehensive Plan as appropriate for future residential development; and WHEREAS', the juvenile detention Center, as proposed, is not a _ _ residential use under the City's Land Development Code; and WHgRRE S, the juvenile detention center, as proposed, would receive sewer service by connection to a private service line and a public sewer constructed prior. to 1910 and in 1925, respectively; and WHEREAS, the normal useful life of a sewer line installation is 50 years; and WHEREAS, the axisting private service line and public sewer that woulde a the proposed juvenile detention center are `, in a highly deteriorated condition, resulting in large inflows of surface water run-off and groundwater, exacerbatedby existing roof drains at the State's BMHI campus, which have -remained connected to the City's system in violation of Bangor's sewer ordinance; and WHEREAS, these conditions interfere with Bangor's efforts to comply with requirements under wastewater discharge licensee and associated consent decrees issued by or negotiated with the Federal and State governments; and 94-273 -2- WHEREAS, additional institutional development has taken place On (1) adoption of this Ordinance is necessary to prevent an overburdening of existing public sewer facilities during the effective period of this Ordinance, such - overburdening being reasonably foreseeable in the event the proposed juvenile detention center is constructed as planned; and (2) the application of the City's axisting Comprehensive Plan, Land DevelopmentCode, and other laws and regulations are inadequate to prevent serious public harm from inappropriate institutional development within the affected geographic area; NOW, THEREFORE, be it ordained by the City Council of the City of Bangor acting pursuant to 30-A M.R.S.A. g 4356, THAT Chapter II, Article 12 of the Laws and Ordinances of the City of Bangor be amended by adding a new Section 7, as follows: tracts adjacent to the BNRI campus since amendment of the City's current Comprehensive Plan and adoption of the current Land Development Code in 1990 and 1991, respectively; and WHEREAS, the continued expansion of government and institutional uses within the area hereinafter defined will degrade the residential character of Bangor's adjacent 'residential neighborhoods and will result in inappropriate development of land currently designated in the City's Comprehensive Plan as appropriate for future residential development; and WHEREAS, under provisions of LD 1467 as adopted in the last session of the Maine Legislature (Chapter 721, 1993-94 Session Laws), the State of Maine and its agencies will be newly subject to local zoning requirements of the City of Bangor for development projects located in Bangor effective October 1, 1994; and WHEREAS, the adoption of LD 1467 merits a- amination of the City's existing Comprehensive Plae and Land Development Code to determine whether the existing Plan and Code adequately address land use concerns raised by State development projects; and WHEREAS, by adoption of this Ordinance, the Bangor City Council, Municipal Officers of the City of Bangor, do hereby determine that: (1) adoption of this Ordinance is necessary to prevent an overburdening of existing public sewer facilities during the effective period of this Ordinance, such - overburdening being reasonably foreseeable in the event the proposed juvenile detention center is constructed as planned; and (2) the application of the City's axisting Comprehensive Plan, Land DevelopmentCode, and other laws and regulations are inadequate to prevent serious public harm from inappropriate institutional development within the affected geographic area; NOW, THEREFORE, be it ordained by the City Council of the City of Bangor acting pursuant to 30-A M.R.S.A. g 4356, THAT Chapter II, Article 12 of the Laws and Ordinances of the City of Bangor be amended by adding a new Section 7, as follows: 94-273 -3- Sec. 7 Moratorium. There shall be a moratorium on the processing issuanceox of development permits or licenses, including site plan, conditional use, State Site Location of Development, and subdivision approvals, and on the processing or issuance of building and occupancy permits, by all officials and boards of the City of Bangor, including but not limited to, all building and cede officials of the Code .enforcement office, all officials of the Planning Division, the Planning Board, and the Zoning Board of Appeals, for any non-residential development in the affected geographic area bounded generally by Garland, egery and State Streets on the south; Hogan Road on the est; Mount Hope Avenue on the north; and Howard Street on the west; as me specifically designated on a plan on file n the office of the City Clerk. Provided that any new residential development for which a development permit or license isought during the moratorium period must be connected to the City's sewer system by a public sewer 0r private service line built or reconstructed after 1950. 7.1 Said moratorium shall net apply to applications for expansion of existing structures, aggregating not more than 2,500 square feet floor area on any lot of record existing as of the effective date of this Ordinance. 7.2 Said moratorium shall not apply to development projects which received final site plan, Site Location of Development, or building permit approval prior to the effective date of this Ordinance, or to any application in process which had received a first substantive hearing prior to the effective date of this Ordinance. 7.3 Said moratorium shall commence on the date of adoption of this Ordinance, and shall terminate, unless further extended by the City Council, on November 30, 1994. 7.4 On or before the last day of July, 1994, the City Engineer shall complete an inspection of existing public sewers and private service linea within the affected geographic a and shall make a written report to the City Council and the City Planning Board concerning the condition and adequacy of existing public sewers and private service linea to support continued residential and nen-residential development. 7.5 On or before the last day of September, 1994, the Planning Officer and the Planning Board shall review the existing Comprehensive Plan, including 94-273 -4- the existing Land Use Plan, and shall file with the City Council a written recommendation for amendments to said Plan, including amendments to the City's Land Development Code and all applicable land use ordinances of the City, necessary to accomplish the following purposes; (a) to provide for appropriate restrictions and controls, including necessary re -zoning, on the use of 'land within the affected geographic area, to avoid the public harm arising out of uncontrolled development and expansion of goverment, institutional, and other non-residential uses. (b) to make changes to applicable zone provisions of the City's Land Development Code affecting government and institutional uses as necessary, to properly provide for local regulation of State and State agency development projects after October 1, 1994, consistent with the provisions of LD 1487, as adopted by the Maine Legislature. 7.6 On or before the last day of September, 1994, the Planning Officer shall prepare and submit to the City Council for consideration draft amendments to the City's Comprehensive Plan and Land Development Code for the purpose of implementing the recommendations of the Planning Board made under Section 7.5 above. 7.7 violations of this Section shall be prosecuted by the City Solicitor's office, upon direction by the City Manager, as land use violations under 30-A M.R.S.A. S 4452 and Rule BOX, Maine Rules of Civil Procedure. Upon conviction, violations of this Ordinance shell be punishable by a civil penalty not to exceed the amounts provided in 30-A M.R.S.A. 5 4452(3). 0 CO 60 I MORATORIUM AREA 6OONDARy `•"' COUgUL OADINANC, 9w-273 _ TAX MAPS s], 58, R-63 (POATOVs) .. ® .. STATE rv. nATEA Ols, m s: ® O rt,r ' O 5 V LA 94-27b i ORDINANCE In CEty Council June 13: 1994 Adopting Development Moxutorium within the ( TITLE,) Area Bounded by State Street..Hogan Road First Pending REferred to Meet Hope Avenue Counts Street Garland St. Community And Economic Development and Egery Street IN CITY COUNCIL June 27, 1994 WAuVOd/w/l/ Councilor Soucy Stepped Down. Councilors Lcvur ly g Cohen Chaired Meeting Through Ordinance 273. Representatives of the Dept. of Corrections spoke opposing the Moratorium. Residents of the area affected by the Moratorium spoke Supporting this ordinance. Passed Vote: 7 Yes. 1 Abstained, 1 Absent Councilors Voting Yes: Baldacci,Blancbette, Cohen,Popper,Stone.SGllivan 6 Tyler Councilor Abstaining: Soucy Counc r Absent; Shubert *:C cxxY SLERK �;