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Home My WebLink About1989-06-26 89-289 ORDINANCEwunal Halon Date June 21, 1989 Item No._ a9-289 hem/SUNW: Hogan Road/Stillwater Avenue Development Moratorium PeappmlNeDaperimenl: Community and Economic Development Commenury: The Community and Economic Development Committee has examined several options for growth management within the Hogan Road/ Stillwater Avenue area while a special study for this area is being completed. The study will examine environmental constraints, traffic circulation, land use capability and municipal service feasibility. The Legal Department hasrecommended that a moratorium is the most appropriate means of addressing_ this issue. The attached Ordinance would affect undeveloped areas without municipal water and sewer service and which do not have, approved plans. The Ordi- nance would expire on November 30, 1989 and delineates specific deadlines for completing analysis and recommendations through this period. mt xvas Mauger'e Commence: 2.611954 �n Cosa �'a .,,.,aw uwe , Associated In/ormation� Dudgat Approval: Fimueflvertw Legal Approval: 6q SMkha. Introci For Ortrtrt---�YY�psemgo �rirrt Reading - Page—of— ❑ Pelertal 89-289i Anip,d [o Councibr Saxl, June 26,.'1989 CITY OF BANGOR (TmE.) (DrW MtCgd Amanding. Chapter II. Article lz of the Ordinances of the City of Bangor: Moratorium on the Processing and Issuance of Development Permits or Licenses - Property Located within the Stillwater Avenue/Bogan -hoed Area __.. ............ ......_. _........ ...... Beit ordained BY W CIfY COWmeii WtAe Cory p/Bampr, ae fdbme: HAACHAS, the Hogan Road and Stillwater Avenue area (hereinafter designated as the "affected geographic area") is currently experiencing rapid and significant commercial and residential growth and development i and WHEREAS, said growth and development, unless properly regulated and controlled, Is expected to have an adverse Impact on other developed properties, wetlands and environmentally -sensitive undeveloped properties in the affected geographic area: and WHEREAS, the existing highway system appears to be insufficient to serve the area B and to provide for reasonable traffic circulation in and out of the affected geographic area, and WHEREAS, In recognition of said inadequacleso the City of Bangor has taken affirmative action to update its Comprehensive Plan and to designate the said affected geographic area for special In-depth review: and WHEREAS, inanticipationof the environmental problems that potentially may be used by said growth and development, the City has taken action to select a consultant for purposes of developing possible nstraints to protect said area from irrevocabledamage o the environment in said affected geographic area; and WHEREAS, the City has recognized the potential traffic problems in said area and in response thereto has arranged for the Bangor Area Comprehensive Trans- portation Planning Organization to complete a major street and highway study which will specifically examine and make recommendations regarding future traffic circulation in said affected geographic area, and WHEREAS. the Bangs[ Economic Development Advisory Commission has recommended that the Hogan load/Stillwater Avenue area be considered for additional future commercial .and industrial development: and WHEREAS, anticipated growth and development in said affected geographic area a during the proposed moratorium period may unreasonably overburden existing public facilities and will require additional public facilities{ and _y_ WBBB8A0, by adoption of this ordinance, the Bangor City Council, municipal officers of the City of Bangor, does hereby determine there Is a shortage of public facilities and a need to prevent an overburdening of existing public facilities which would otherwise occur during the effective period of the moratorium or is reasonably foreseeable as a result of proposed and anticipated development In the affected geographic a and that the application of the existing Comprehensive Plan, the Zoning Ordinance, and other land use ordinances and regulations are e inadequate to prevent serious public harm from Commercial and residentialdevelopment in the affected geographic area, NOW, THEREFORE, By the City Council of the City of Bangor be it ordained TEAT the existing provisions of Chapter II, Article 12 are repealed end replaced with a new Section ), as follows: Sec. ] Moratorium. There shall be a moratorium on the processing o issuance of development Permits or licenses, including site plan, special x e eptlon, and subdivision approvals, by 811 officials and boards of the City of Bangor. including but not 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 any development, except additions to existing structures and accessory structures, in the affected geographic a especifically designated on a plan on file in the office of the City Clerk. 1.1 Said moratorium shall commence on the date of adaption of this ordinance, and shall terminate, unless further extended by the City Council, on parental 30, 1989. 7.3 On or before the 15th day of October, 1989 the Planning Officer and the PlanniM Board shall review the existing Comprehensive Plan, including the existing Land Use Plan, and file vitt the City Council a writ[ endatfon for e amndments t said Plan c the Zoning Ordinance of the City of Bought, and all other applicable ordinances of the City, providing for appropriate restrictions and controls on the use and development of land in said affected geographic area. 7.3 On or before the last day of October, 1989, the Planning Officer shall prepare and submit to the City Council for consideration draft ordinance amendments for Purposes of implementing said ramnsmandations. In City. Co=il June 26,1989 received lst zeadfng Cry clerl ~_ In City Council sure 29,1989 spPeeccial Meeting Pudic Hing was Held Art n on u e 2na papa last line of the 1st paragraph after the words article 12 add sec. 89-289 ORDINANCE TITLE,I A°'en�9 cbsfne II Article 12 ' n of Tia Ordinances Of the City of Bangor Abrat im on the Prooessing aM Issurance o£ Develcgrrent Permits or Licenses property located within the Stillwater. Ave. Cogan road Area A.egne OwrctLrcn Also. at the end of the lest - paragraph 2nd gags add the following This OrdvanCa shall takeeffect June 29th,1989 uPCn Passage - Vote to Add the aradront Vote for Passage an -a dod 6 Yes 2 No'1 Absent Mat ?Elis ordinance shall take Voting Yes Blanchette,Sa , effect June 29 ,1989 Shubert,Sovaud,Sullivan,Tilley Vote '! Yes 1 No.1 Absent Voting No England, Sawyer voting Yes Blanchette, Alvei Store Sawyer,8axl,Bhubert, sosrend Sullivan Tilley - VOting No Engl9lld Absent S1 - Crty C er IANOFFICESOF ORMAN G. TWITCHELL Im 945,390 FAX L"t June 30, 1969 Mr. Edward Barrett Bangor City Manager _ City Ball Bangor, WE 04401 Re: City of Bangor Moratorium, Stillwater Avenue/Bogan Road Area Door Mr. Barrett, At the council meeting June 26, 1989, council order number 89- 289 was introduced and presumably bad its first reading. The second reading and the public hearing was held yesterday on June 29, 1989, at the City Hall at 4,00 p.m. At that meeting, there Were two amendments to the Ordinance. One was to make explicit that the only part of Chapter 2, Article 12,being repealed was Section 7, and the other amendment on which there was a vote w to make the effective date of the special ordinance June 29, 19899 under the City Charter in order to pass emergency legislation, the emergency resolve must contain a section in which the emergency is set forth and defined. Nowhere in the emergency resolve, as you know, was the emergency set forth and defined and voted on. I, therefore, believe that the emergency portion of this ordinance i not in effect because it did not follow the provisions of Article 3, Section 1, of the. Bangor City Charter. Likewise, I do not believe this can be cured by a special meeting of the Bangor City Council as a further reading of Article 3, Section 1, of the Bangor City Charter indicates that the City Council may pass emergency resolves, but nowhere does it give the City Council authority to pass emergency ordinances. Therefore, this ordinance under the Charter would not become effective until 10 days after its passage, which will be July. 9, 1989. Since the moratorium is not legally in effect, I assume that any special exception matters that need to be resolved on the Stillwater Woods mobile home park and the site plan will be in order for hearing before the Planning Board at its next scheduled meeting, which is July 5, 1989. Mr. Edward Barrett June 30, 1989 Page 2 If you disagree with my interpretation of this charter or the effective date of ordinance number 89-289, please advise. Very truly yours, Y' n� Orman G. Twitchell OGT/ljg cc. Robert Miller Russell McKenna John Lord