Loading...
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 pEFFA Passage x First Reading Page _of_ X Referral to Planning Board 12-6-05 @ 7 p.m. os azo 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 Aslgnetl b CoundppW J" ao �� 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.