A moratorium on large music venues aimed at a proposed 3,300-seat Live Nation concert hall was extended for another six months Monday, with officials now eyeing an April timeframe for deciding on an ordinance change that could kill the project.
The Portland City Council unanimously approved the moratorium extension as an emergency on Monday following public comment from stakeholders on both sides.
Officials have said the extension is necessary as the city debates whether to require a more substantial buffer between large venues, as well as consider parking improvements and take a broader look at how the project could impact the local arts community.
However, the developer and others argued Monday that the moratorium was unnecessary and unfair for a development that has followed all city process and zoning regulations, and was first brought forward in 2024.
Earlier this month, the city’s Housing and Economic Development Committee forwarded a proposal to the Planning Board that would increase the required buffer between large entertainment venues to 750 feet, effectively killing the new venue. The city now requires a 100-foot buffer between businesses with entertainment licenses.
Todd Goldenfarb, managing director of Portland Music Hall developer Mile Marker Investments, called the proposed buffer language a “targeted retroactive zoning change” that would set a “dangerous” precedent.
The extended moratorium will run through Sept. 4, but councilors signaled Monday that it would likely be repealed following the council’s decision on the proposed buffer language. City attorney Michael Goldman said he expects the council to take that up in April. The moratorium would have expired in March.
The Portland Music Hall, which would be built at the corner of Cumberland Avenue and Myrtle Street, has faced significant resistance from Portland’s music community. The council passed an initial moratorium on new venues with a capacity exceeding 2,000 seats in August following a marathon meeting that featured almost four hours of public comment.
Many of Portland’s existing venues, along with the Maine Music Alliance, which has rallied opposition to the project within the local music community, have argued that Live Nation’s proposal will hurt the city’s independent venues. The city-owned Merrill Auditorium sits just across the street.
Scott Mohler, executive director of the Maine Music Alliance, said the moratorium extension is warranted so that work underway to consider the venue’s impact can “continue in a deliberate manner.”
“This is not a rejection of development, it’s a commitment to getting this right,” he said.
Mohler and others have pointed to an ongoing antitrust lawsuit against Live Nation as evidence that the venue could be detrimental to Portland. But others have pushed back on the idea that city officials should be using moratoria and other measures to stall projects that are following the development process.
A commenter identifying as “George R.” argued against concerns that local venues would be harmed by the Portland Music Hall project, and said the council “shouldn’t be getting in the middle of” disputes between business competitors.
Myles Smith said the outcry in Portland against Live Nation has been unlike any they’ve seen before at the City Council, and that the moratorium can provide the extra time needed to arrive at “a good result the community can support.”
The language for the moratorium extension stated that the buffer should be considered to “protect public safety and ensure that these venues are not clustered and do not overburden public infrastructure and city services or create unsafe road conditions for pedestrians, bicycles and vehicles.”
Some councilors Monday said their support for the moratorium extension did not reflect their opinion of the overall project, and many said the issue should be put to rest as soon as possible.
Mayor Mark Dion said he doesn’t like to “see issues die because of a technical outcome created by a calendar,” referring to using moratoria. He said the council’s vote on the expanded buffer should be “the final question on whether this project will be realized or not.”
PILOT
Also on Monday, the council voted 8-1 to postpone a vote on a proposed Payment-In-Lieu of Taxes program until its next meeting on March 2.
Councilor April Fournier made the motion to postpone because Monday’s meeting had been moved to fully remote due to the snowstorm, and because of public confusion over the number of readings required for the item.
The controversial PILOT program, under consideration for a few years, would ask Portland’s larger tax-exempt organizations to make voluntary payments to the city in response to the rising cost of services. City Attorney Michael Goldman said the item only requires a single read.