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Home My WebLink About2007-07-23 07-249 ORDINANCEItem No, 1`7 249 pate: 7-23,07 Item/Subfect: Ordinance, Enacting a Moratorium on Development in Me Waterfront Area. Responsible Department: City Council Commentary: At Me request of Councilor Some, Me Transportation and Infrastructure Committee has held several recent discussions regarding the current zoning and land development policies in place on Me Bangor Waterfront and immediately adjacent properties. The area In question Is bounded by the Penobscot River, Lincoln Street, Maine Street, and Union Street. Specifically, mncems have been raised that Me current permitted and conditional uses within Me Waterfront Development District, as well as Me development standards for Me zone, require a complete review and possible revision. In addition, some properties within the designated area carry other zoning designations which may allow development which is detrimental to Me City's vision and masterplan for Me waterfront In order W allow sufficient time for the necessary review of our land development policies In this area, the Committee voted to begin Me process of implementing a development moratorium and to seek public input on Me need for such a mora[oium. This ordinance would enad a moratorium on development in the area effective from July 17, 2007 until November 1, 2007. TheTrarsportation and Infrastructure Committeevoted at its last meeting to place this item on the agenda for first reading and referral back to the Committee for public comment and further discussion. Department Head Man ger's Comments: -nC%rr o.nwrv..Or l,prui o -Ov T� A na.rwAt;AH" - g �`I�/% ^a✓►„r�OaJp,r.„,.�,,,u.yA+M�• irvW�WrV >� TM1 City Manager Asaociate0 Information: Budget Approval Finance Director t.egal Approval: y Solicitor Introduced for _ Passage XFirst Reatling Page _of_ J� Referral M Transportation and Infrastructure, 8-7-07 @ 5 p.m. 07-249 AS AMENDED CITY OF BANGOR (TITLE.) Ordinance, Enacting a Moratorium on Development in the Waterfront Area. WHEREAS, to City has been engaged in long-term efforts M revitalize the Penobscot River watertont area between the Kenduskeag Stream and the veterans Memorial Bridge; and WHEREAS, than efforts have Included significant land acquisitions fur the purpose of redevelopment and open spare; environmental remediation; improvements to public infrastructure; and the implementation of a Waterfront Development Zoning District; and WHEREAS, over the years, the qty's Investment in this area has exceeded $15 million; and WHEREAS, this work and these expenditures have been guided by a series of master plans adopted by the City in an effort to appmpriately guide the reuse and redevelopment of property located in this area; and WHEREAS, the City's overall vision has been M create a vibrant and active waterfront which will attract residents and visitors M the area and to serve as a link between downtown Bangor and the Cltys Bass Park complex; and WHEREAS, over the last several years, the City has revised Its waterfront masterplan and adopted a mare detailed plan for Mose areas of the waterfront designated for public use; and WHEREAS, wOn the overall masterplan area, some properties lie outside of the Waterfront Development District Zone and the development or redevelopment of these areas may have a significant impact on the City^ overall plan for the area and its ability W maximize its investment of public funds; and WHEREAS, under the current land development regulators; governing areas not currently zoned Watefront Development, Me potential exists for development or redevelopment pmjects which may be detimental to the City's maderplan and vision for Me waterfront; and WHEREAS, changing renditions also make It appropriate for the City to review the permitted and conditional uses currently allowed within the Waterfront Development District as well as the development standards that apply within that district; and WHEREAS, a development moratorium within this area will afford the City Council the necessary time to review the zoning and development standards within this area and M propose and implement changes that will insure Mat the a" vision and masterplan are implemented and which will avoid serious adverse impact upon the significant public investment made to date; 07-249 AS AMENDED NOW, THEREFORE, BE IT ORDAINED BY THE CRY COUNCIL OF THE CITY OF BANGOR THAT A moratorium on the issuance of land Development Permits in the Waterfront Area Is enacted as Wows: § 1. Necessity. Municipalities are authorized by 30-A M.R.SA. § 4356(1) to mac[ morathrla: A. to prevent a shortage or an overburden of pudic facilities that would otherwise occur during the effective period of the moratorium or that is reasonably foraae able as a result of any proposed or anticipated development, or B. because the application of existing comprehensive plans, land use ordinances or regulations or other applicable laws, R any, is inadequate to prevent serious public harm from residential, commercial or industial development In the affected geographic area. In accordance wdh 30-A MA.S.A. § 4355(2), the Bangor City Council finds that a moratorium on building permits is necessary and warranted in the "Waterfront Arca .. § 2. AppllcabllRy. For the purposes of this moratorium, the "Waterfmnt Area' means all land situated between the Penobswt River and Main Street, from Lincoln Street to Union Street/Joshua Chamberlain Bridge. § 3. Moratorium m Development. The Bangor Manning Board shall not issue any land Development Permits within the Waterfront Area while this moratorium is in effect. § 4. Term. A. This moratorium shall continue until November 1, 2007. It may be extended for additional IN -day Periods in accordance with 30-A M.R.SA. § 4356(2) upon a finding by the Bangor City Council that tie problem giving rise to this moratorium continua to exist and reasonable progress is being made to alleviate the problem giving rise to the need for the moratorium. B. This moratorium Is retroactive W July I], 2007. Arty Land Development Permits Issued between July 17, 2007, and the data effective date of this moratorium shall be immediately suspended while this moratorium is in effect. ^7 249 NOW, THEREFORE, BE IT ORDAINED BY THE CRY COUNCIL OF THE CRY OF BANGOR THAT A moratorium on the issuance of building permits and land Development Permits in the Waterfront Area Is enacted as follows: § 1. Necessity. Municipalities are authorized by 30-A M.R.S.A. § 4356(1) to enact moratoria: A. to prevent a shortage or an overburden of public facilities that would otherwise occur during the effective period of the moratorium or that is reasonably foreseeable as a result of any proposed or anticipated development, or B. because the application of existing comprehensive plans, land use ordinances or regulations or other applicable laws, If any, Is Inadequate to prevent serious public harm from residential, commercial or industrial development in the affected geographic area. In accordance with 30-A M.R.S.A. § 4355(2), the Bangor City Council finds that a moratorium on building pen nuts is necessary and warranted in the "Waterfront Area". § 2. Applicability. For the purposes of this moratorium, the "Waterfront Area" means all land spouted between the Penobscat River and Main Street, from Uncoln Street to Union Street/Joshua Chamberlain Bridge. § 3. Moratorium an Development. A. The Bangor panning Board shall not issue any land Development Permits within the Waterfront Area while this moratorium Is In effect. B. The Bangor Code Enforcement Office shall not issue any building permits within the Waterfront Area while Mrs moratorium is in effect. § 4. Term. A. This moratorium shall continue until November 1, 2007. It may be extended for additional 1 ill periods in accordance with 30-A M.R.S.A. § 43%(2) upon a finding by the Bangor City Council that the problem giving rise W this moratorium continues to exist and reasonable progress is being made to alleviate the problem giving rise to the need for Me moratorium. B. This moratorium is retroactive to July 17, 2007. Any Land Development Permit or building permits issued between July 17, 2007, and the date effective; date of this moratorium shall be immediately suspended while this moratorium is in effect 07 249 ck: Nrr seemed to Cauveilac Store .iu1y 23. 2007 CITY OF BANGOR (TITLE.) Ordinance, Enacting a Moratorium on Development in the Waterfront Area. WHEREAS, the City has been engaged in long-term efforts to revitalim the Penobscot River waterfront area between the Kenduskeag Stream and the Veterans Memorial Bridge; and WHEREAS, these efforts have included significant land acquisitions for the purpose of redevelopment and open space; environmental remediation; Improvements W public Infrastructure; and the Implementation of a Waterfront Development Zoning District; and WHEREAS, over the years, the City's investment In this area has exceeded $15 million; and WHEREAS, this work and these expenditures have been guided by a senes of master plans adopted by the City in an effort W appromdatl guide the reuse and redevelopment of property located in this area; and WHEREAS, the City's overall vision has been to create a vibrant and active waterfront which will allmU residents and visitors to the area and to serve as a link between downtown Bangor and the Cal Bass Park complex; and WHEREAS, over the last several years, the City has revised its waterfront masterplan and adopted a more detailed plan for those areas of the waterfront designated for public use; and WHEREAS, whin the overall masterplan area, some properties Ile outside of the Waterfront Development District Zone and the development or redevelopment of these areas may have a significant impact an the City's overall plan for the area and Its ability to maximize Its investment of public funds; and WHEREAS, under the current land development regulators governing areas not currently zoned Waterfront Devekpment, the potential exists for development or redevelopment projects which may be detrimental to the City's masterpian and vision for the waterfront; and WHEREAS, charging conditmns also make R appropriate for the City to review the permitted and conditional uses currently allowed within the Waterfront Development District as well as the development standards that apply within that district; and WHEREAS, a development moratorium within this area will afford the City Council the necessary time to review the zoning and development standards within this area and to propose and Implement changes that will irrsure that the City's vision and masterplan are implemented and which will avoid serous adverse impact upon the significant public investment made to data; A CR'Y CODNCIL July 23. 2007 1 First Reading aad Nefetxed to the hapapoxtation and Infxaet�m[vre Comibtee - -.u. 'CITY Cao i IN CITY COONCIL Anggac 13. 2007 Notion Made and Seconded for Passage Vote: it-() Councilors voting Yea: Alam. Manchette, D'Nrrico. Farrington. Cratalck. Dreme. Dawes i Palmer C cilors voting No: None', Crs Absent; Stone i aMS" p 07-$9 0 RD I NA NCB jf an t[e e LiWactive a tloratorfm an Develapoevt NaCexfLon[ Brea I Asggoud to uWbbbrrr �J%