HomeMy WebLinkAbout2006-11-28 06-023 ORDINANCEIcem Ro. 06 023
Dace: 11-28-05
[tem/Subject Ordinance, Amending the Land Development Code, Chapter 165, 4 165-13,
Definitions, to Clarify that Gaming Is a Permissible Subcategory of Recreational Use.
Responsible Deparbil Planning
The purpose of this amendment is W clarify "recreational uses" includes gaming facilities where
authorized by state law. Our current Land Development Code defines recreational use as "any
use of a building or land for active or passive recreation, entertainment or amusement
purposes." We have interpreted this defintion to include gaming Facilities. However, to insure
that no questions or confusions arise in the future, this amendment would specifically identify
gaming facilities authored by state law as a recreational use.
Department Head
G. &SSAL
City Manager
Assidl information: jifWwa L„„ D._..n W,,
Budget ApPrwal:
Finance Director
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Passage
x First Reading Page _of_
X Referral to Planning Board 12-6-05 @ 7 p.m.
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Maig¢¢a to Cmmcllor stave Nove® erza, 2005
CITY OF BANGOR
(TITLE.) Ordinance, Amending the land Development Code, Chapter 165, § 165-13,
Definitions, to Clarify that Gaming Is a Permissible Subcategory of Recreational Use.
That Chapter 165, Land Development Code, § 165-13, be amended by adding the underlined
text, as follows:
165-13. Definitions.
RECREATIONAL USE —Any use of a building or land for active or passive recreation,
entertainment or amusement purposes, whether or not such facility, operation or use is public
or private, profit or nonprofit In nature to includeGaming Facility where authadzed by the
State of Mane and City of Bangor.
ID Cin COUNCIL
November 28, 2005
Pira Neadivg 6 Referral to
Pla vg Board
an COUNCIL
ember 12. 2005
ion Node a" seconded
Passage
a: 9 0
cilors voting yes: Allen.
1well, O'Errica. Parriugtoa.
tmick. Greeue, gases. Paleer
Stone
njluors vating m: Mae
# 06-021
ORDINANCE
jgTLE,1 g the Land Development Code
p[ef-fb5iiy-fbe[
Coring 1s a Permissible Subcategory of
Recreational use
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06-021
MEMORANDUM
DATE: December 7, 2005
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Land Development Code
Chapter 165-13 Amending definition of Recreation
Use
Council Ordinance 06 - 23
Please be advised that the Planning Board at its regularly scheduled
meeting on December 6, 2005 held a public hearing on the above Land
Development Code Amendment.
The Planning Staff provided the Board with a brief history of the
development of the Bass Park District and the creation and inclusion of
definition of "gaming fadlity" in that District. When the temporary facility was
proposed for the former Millers Restaurant some question was raised as to
whether the use was allowed in the Urban Service District (Miller's Site) given
that it was defined in the Ordinance but not listed in the District.
It was noted that to clarify the issue the City could 1) delete the definition
entirely or 2) include gaM1:ing as a sub -use in a broader land use category within
the Land Development Code.
The Board discussed the implications of adding the use to a broader
definition with the understanding that the State of Maine and the City of Bangor
have significant control on where such a facility could locate (well beyond the
limps of the Land Development Code). Some concem was raised as to the
potential impact if State regulations change. The Planning Officer indicated that
while the land use impacts of the facility are still being analyzed in hopes of
being better prepared in the future, impacts such as traffic should be handled in
the same fashion as other similar land use activities.
The Board voted unanimously to recommend the City Council adopt the
proposed Land Development Code Amendment.