HomeMy WebLinkAbout1988-12-28 89-45 ORDINANCECouncil Anion yS
Dale 12-28-88 Item No. Bq-jk__
OHDiNPNCE-Amareling Chapter VII, Article 23 -Moratorium on the
Item/Subject: Processing and Issuance of Development Permits or Licentious—
property between Wim Street and Bangor International Airport
Responsible Department City Manager
Commentaryaached Ordinance would place armv-Klt morateri�m On the processing
and i of development permits or licences on various pazcels of
property, generally located between Union Street am the Bangor International
Airport as especially relates to residential development. lhcse areas are
generally used Agricultural, a sending designation which permits Ne
construction of rural residential Musing on large lots.
It is clear that raise from aseonatical uses at the Airport may have a
negative impact upon certain properties which are located outside of the
boundaries of fie Airport, in.particular residential properties. Until
recently, there has been very little pressure for develgmernt in this area
of the City. However, ro recently, some steps have been taken in this
area respect developing residential property. It Is clear that the Cities
current land use plan and arguing ordinance do rut take into account the
adverse impact of noise m residential development in this area As a
result, the attached moratorium will simply provide the necessary thre for
the City to inview its current land use plan and zoning ordinance to
establish appropriate recemmendations and changes to protect this areas, to
protect any individuals who might build residential properties within this
area, good to protect the integrity of the Airport, the facility in which the
City has abstantial investments.
In addition to establishing the nmrateYimm,. che_atinched Ordin2nce also
establishes certain deadlines for actions by appropriate City officials,
and/or advisory Mates. Steres actions are outlined in greater detail on tier
attached Ordinance.
It is apparent that it's clearly within the direct and best Interest of the
City of Bangor and its residents that steps W taken to rectify potential
problems which might arise should substantial residential development be
allowed in this area. I would, therefore, rtmmernd that the City Council
approve the attachedOrdinance.
Corpse
o
�'!rt/6b4
City A1enagn
Associated Information:
Attached Ordinance
Budget Approv NSA
ens.
Legal Approval:
Coy So/i
Introduced For
Q a sage
First Heading Page _ oi—
❑Refemal
AMENDED COPY 89-45
Anipmd [of nncilor Spanned, December 28, 1988
//gy�pp CITY OF BANGOR
tYl
OIL) rbiamPi Amending_ Chapter IIS. Article 12 of,,,,5,8;,,,0,;,Q(ppp<aB of
the City of Bangor: Moratoriumonthe Processing and Issuance of Development
Permits or Licenses - Property Between Union Street and Bangor International
Airport........... . _.... ............ _.. ...........
Ha it ordained by the City Consul of the City orRanyar, as follows:
WMEBEAS. Bangor International Airport is regularly used by civilian and
military aircraft for aeronautical purposes, and
WHEREAS, noise from said aeronautical s
u may adversely impact uses of
property located outside the boundariesof said Airport; and
WEE& , it appears that currently authorized residential uses in the land
areas located between Union Street and the Airport boundaries to the Between
town line may be adversely impacted by noise from said aeronautical uses, and
WHEREAS, it appears that the existing Comprehensive Plan, Zoning Ordinance and
-other land use regulations of the City of Bangor are imdequate to prevent
serious public harm by reason of noise from said aeronautical uses if said
area is developed for residential purposes, and
WHEREAS, by: the adaption of this Ordinance, the Bangor City Council, Municipal
Officers of the City of Bangor, do hereby determine that the application of
the existing Comprehensive Plan, the Zoning Ordinance of the City of Bangor,
and City land use regulations and applicable lawssa inadequate to prevent
n
serious public barn by r of noise from said aeronautical uses and in
particular residential uses inthe geographic area bounded generally by Union
Street on the north, by Airport boundaries on the east and south, and by the
Bangor-Hermoo town line on the west, as more specifically designated on the
plan attached hereto.
NOW, THEREFORE, be it ordained by the CIry Council of the City of Bangor:
THAT, pursuant to 30 M.R.S.A. 4 4961-A(5), the provisions of Chapter II,
Article 12 be amended by adding a new Section 9 -as follows:
7
r'
89-$
Sec. 7 Mr Oxciim. There shall be a moratorium on the processing or
isuance of development permits or licenses, including
site plan, special exception, and sumivisim approvals, by all
officials and boards of the City of Bangor, including but rot
limited to, all building and code officials of the Inspection
Department, all officials of the Planning Division, the Planning
Board, and the Zoning Board of Appeals, for my residential
development in the affected geographic area bounded generally
by Union Street on the north, by Airport bouudaries on the
east and owth, and! the Bangor-HerYOn toom line an the wast,
as e specifically designated on a plan On file in the office
of the City Clerk.
7.1 Said moratorium shall mmmmence m the date of adoption
of this Ordinance, and shall terminate, unless further
extended by the City Council, on June 15, 1989.
7.2 On or before the last day of. February, 1989, the Planning
Officer and] the Planning Board shall review the existing
Comprehensive Plan, including the existing Lard Use Plan,
and file with the City Council a written recommendation for
ameibunts to said Plan, the Zoning Ordinance of the City of
Bangor, end all other applicable land use ordinances of the
City, providing for appropriate restrictions and controls
on the use of said affected geographic area for purloses of
avoiding public harm arising out of wise from existing o
pr0]SfEd aeronautical was at Bangor International Aixfort.
7.3 on or before the last day of February, 1989, the Planning
Officer shall prepare and submit to the City Council for
consideration draft ordinance aaenAcents for purposes of
implementing said regulations.
7.6 The Planning Officer and the Planning Board shall review the
provisions of the Airport Zone, as established under Article
20 of the City of Bangor Zoning Ordinance, and determine
whether said provisions provide adequate protection to the
public from miss resulting foam aeronautical uses at Bangor
International Airport.
7.5 the Planning officer and the Planning Board shall file a
written report of their findings and recommendations as a
result of the review described in Paragraph 7.4 above with
the City Council no later than the last day of March, 1989.
7.6 Ube Planning Officer and the Planning Board shall review the
Zoning Ordinance of the City of Ba gur and all other City laud
use regulations relating to the use of property within the
"Bxisti g Miss Contours' designated •I0M=70dB" asshown on a
plan entitled "Future Off -Airport lard Use, farad0atchier,
1981, by Hoyle, Tanner 6 Associates, Inc., Consulting
Flgineers (Drawing W. 8) on file in the office of the City
of Bangor and the T of Hanson.
89-i
1.7 Mae Planning Officer and the Planning Board shall file
a written report of their fillings and reoomremlaticns
as a result of the review required miler Paragraph 7.6
with the City Council no later than the last day of
April, 1989.
YS
89-A
Auiq:edto COMMOr Som>aud, December 28, 1988
CITY OF BANGOR
RIME) (9CbhUUtCPe Alaendipg..Chaptex vz ,...A€CA=xe 23...0 the Ordinances
of the City of Bangor: Moxatorium on the Processing and Issuance of
Development Permits or Licenses >- Property Between Union Street and
Sanger International Airport
Belt srdaimW 6yW City Cmmi{mjthe CigofBamor.mjdtauw: .
vBstay S, Bangor International Airp>rt is regularly used by civilian and
militaryaircraft for aeronautical purposes; arc]
WHEBPJS, wise from said aeronautical uses may adversely impact uses of
property located wtside the bounderies of said Airport; and
whE9EA9, it appears that currently authorized residential uses
n the land
areas located between Noon Street and the Airport boundariesto the Herman
town line may be adversely impacted by mise from said aeronautical uses; and
WIB2xfAS, it appears that the existing Comprehensive Plan, Zoning Ordinance and
other land use regulations of the City of Bangor are inadequate to prevent
wericum public harm by reason ofnoise from said aeronautical uses if said
area is developed for residential purposes; and
WIERFAS, by the adoption of this Ordinance, the Bangor City Council, Municipal
Officers of the City of Bangor, do hereby determine that the application of
the existing Comprehensive Plan, the Zoning Ordinance of the City of Bangor,
and City land use regulations and applicable laws are inadequate to prevent
serious public harm by reason of miss from said aeronautical uses and i
particular residential uses in the geographic areabomNed generally by Union
Street on the north, by Airport bouavaries on the east and south, and by the
Bangor -Hermon trnm line on the west, as more specifically designated on the
plan attached hereto,
NW, TIID:EFOFE; be it ordained by the City Council of the City of Bangor:
fl T, pursuant to 30 M.B.S.A. 5 4961-A(5) , the provisions Of Chapter VIII,
Article 23 be mrended by adding a new Section as fcllaas:
89-45
Sec. iL Moratorium. There shall be a moratorium on the processing o
issuance of development permits or licenses, including
site plan, special exception, and subdivision approvals. by all
officials and boards of the City of Bangor, including but not
limited t0, all building and code officials of the Inspection
Department, all officials of the Planning Division, the planning
Board, and the Zoning Board of Appeals, for any residential
development in the affected geographic area bounded generally
by Union Street On the north. by Airport boundaries on the
east and south, and the Bangor -Hermon tons line on the vest,
as sspecifically designated on a plan on file in the office
of the City Clerk.
7.1 -.: Said moratorium shall c n the date of adoption
of this Ordinance, and shallterminate, unless further
.extended by the City Council, on dmte-15, 1989.
nay 15
7.2 9c?- On or before the last day of February. 1989, the Planning
Officer and the Planning Board shall review the existing
Comprehensive Plan, including the existing Land Use Plan,
and file with the City Council a written recommendation for
amendmentstsaid Plan the Zoning Ordinance�f the City of
Bangor, and all Other applicable Sand use ordinances of the
City, providing for appropriate restrictions and controls
n the use of said affected geographic area
a for purposes of
r
voiding public harm arising o Of noise from existing O
projected aeronautical uses at Bangor International Airport.
7.3 -Bra On or before the last day of February, 1989, the Planning
Officer shall prepare and submit to the City Council for
consideration draft ordinance amendments for purposes Of
implementing said regulations.
7.4 8cb- The Planning Officer and the Planning Board shall review the
prosof the Airport Zone, a established under Article
20 ofthesCity Of Stages Zoning Ordinance, and dater mine
whether said provisions provide adequate protection to the
public from noise resulting from aeronautical uses at Bangor
International Airport. -
7.5 8c5- The Planning Officerand the Planning Board shall file a
written report of their findings and rat seesendarions As
result of the review described in Paragraph 8.4 abovewith
the City Council n0 later than the last day of March, 1989.
7.6 8-6 Me Planning Officer and the Planning board shall r the
.Zoning Ordinance Of the City of Bangor and all other City land
regulations relating t0 the a of property within the
"Existing Noise Contours" designated "LDN=70,18" as -shown o a
plan entitled "Future Off -Airport Land Use, dated October,
1981, by Hoyle, Tanner d Associates, Inc., Consulting
Engineers (Drawing No. 8) on file in the office of the City
Of Bangor and the Town Of Hermon.
89-45. _
7.7 $} ne Planning Officer and the Planning Board shell file
• written report of their findings and recomendations as
• Ault of the r required under Paragaph 8.6 with
theer
City Council no later than the last day of April, 1989.
89-45
ORDINANCE
iiiS
( TITU.) fte,di,g chanter 11 Article
12 of the
iw CLTY COONCI6
� ce b4 28 1988 al tho Ordinances
Fend ed fTom Aaferrals to
Noxato[ium on the Processing and
ti¢v B 1ess.. Amended in
Issuance of
Are a, nrB
title of OrdinBhce br
Between Union Street
deleting VII and adding G,
0
and Bangor Ineexnaeional Airport
II, deleting Article 23 - A V edto
and adding Article 12. -
Amended In last paragraph on
first page by deleting
Chaper VIII, and adding Gaucl[mvt
II, deleting Article 23 and
adding 12. Amended by deleting
all of Sec. ] on page 2 and 3'
and adding Sec. 8. Referred to
Community 6 Economic Development
- Committee. Directing committee to
M1ol public heartpg-
_
XTTYLE M
IR CITY COUNCIL
January 11, 1989
Amended on page 2 by deleting '¢Be. 8,
Passed as amended by the following
8.1.8.2.8.38.4.85.86 8 ) d ding
yea and no votes. Councilors voting
Sec. > ] t ] 2,].3 ] 4 15 ] 64y].]
yea: Blanchette, Sawyer. Shubert. Scone
Amend d 1 Sec,, ]tl by tl 1 [i,g pone 15 add
and Sullivan. Councilors voting ro:
adding Pay_15 passed by crye folllllxing yea And
England. Seemud and Tilley. Councilor
no Votes. C uncilo mg ye a4 - Blanchette,
absent: Seal.
Sawyer, Shubert, Sonnaud, Stone, land Sullivan.
Councilors voting n :.anglan8.gnd Tilley.- Councilor
Absent: Sail. 'Amended in Sec. ? Sa Jive J after any add "n and 1n
the last line
after City Clerk by adding "pravided, however. this ordinance
shall not apply to the issuance of permits for the expansion of
existing residential structures U1r
new accessory structures for
such residential uses" fall ed t
e by tha folloving yes and no
votes. Councilor voting yes:
,
Sae and and Tilley.
'S
s
Councilor voting no: Blah he[tengland
nd
Stone Sullivan.
Ccucnilorabsent: Seal.
89-45