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HomeMy WebLinkAbout1998-03-23 98-148 ORDINANCEDate mgr n1,q Item NO. 98-148 Item/Subject: Amending Land Development Code - Union Street, Union Place, Ohio Street, and Hammond Street Responsible Department: Planning DiVisiOn Commentary: For Referral to Planning Board Meeting of April 7, 1998 at 7:00 p.m. Applicant 1s requesting a contract zone change from multi -Family and Service District and Urban Residence 2 District t0 Urban Service District for Parcels of land located on Union Street, Onion Place, Hammond Street and Ohio Street .:..... J. Ja. n.. a„V6.m Aril $iwy. 'DePartmey Bead II 0, . , y SRI 1 Budget Approval:0 Finance Director ,egai approvar: 1715 4M will R9oire live (5) ofjllmaf w vol -t5 Ar AM p/FSSaU . �15 IS A /ON f0t I#M. city solicitor Introduced For Passage First Reading Page I of 1 Referral to Planning Board Amigned to Caw ilor Aube March 23, 1998 CITY OF BANGOR Amending Land Development Code - Union (TITLE.) Mrbir=M Street, Union Place, Hammond Street and Ohio Street Be it ordauwd bvw City C6uxoE of Ma GYM o/Bm .aa/� THAT the zoning boundary lines as established by the zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing parcels of land located at 243-245, 255 and 251 Union Street, 8, 12, 14 and 16 Union Place, 273/277 and 281 Hammond Street and 50-52-54 and 58 Ohio Street (Tax Map No. 33, Lots 37, 38, 39, 40, 40A, 41, 42, 43, 44, 53, and 54.) from Urban Residence 2 District and Multi -family and Service District t0 Contract Urban Service District. Said parcels containing approximately 1.4 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions imposed by Chapter viii, Article 2, Section 6.6 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The gross floor area of any building to be constructed shall not exceed 11,500 square feet. B. The design of any building to be constructed shall be consistent with the so-called New England prototype schematic attached hereto. C. The following activities shall not be conducted on the property: 1) Serving or consuming of alcoholic beverages. 2) Sale of motor vehicle fuel. 3) Servicing or repairing of motor vehicles. 4) Serving food prepared on the property directly to motor vehicles. 98-168 D. Goods or materials displayed for retail sale shall be limited to an outdoor display area that does not exceed It of the gross floor area of any building to be constructed on the property. e. No building shall be constructed on the property identified as Lot 53 on City of Bangor Tax Map 33. 2. execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said executed agreement i the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file in the office of the City Clerk and incorporated herein by reference. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. W. ORDINANCE IN CITY COUNCIL March 23, 1998 First Reading - ( TITLE,) Amending Land Development Code - Refexred to Planning Board Union Street. Union Place, Hammond Street and Ohio Street Crowley Motion Passed voce: :(yes voce -no conflict) 6 yes, 2 abstaining, 1 absent Councilors vot- ing yea: Bffidacci. Parnham, Leen, Palmer. Tyler 6 Woodcock Councilors abstaining: Crowley 6 Rodman Opponents S proponents on this item addressed the Counsel Vote for Pas- �- sage As Amended by Substitution (3rd version) 6 yes, 1 no, I abstaining, C1P I absent Councilors voting yes: 1N CITY COUNCIL � Aenp:ed Baldacci, Crowley, Parnham, Leen, April l3, 1998 Palmer d Tyler Councilor voting no: Maden for Passage As Amended Woodcock Councilor abstaining: Vote on Conflict for Councilor Rvoting Rodman Councilor absent Aube J 1 O,asi� N Passed as Amended by Substitution yes, voting abstaining Crowley, (3rd Version) F yes: Aube, Baldaceco Crowley, Farnham, P' f1. Leen, e d Woodcock Co a viler b-ru% staining: Romagna Voteo Conflict for for ) Councilor Beci - B asci vo, I yea. 2 and nts a residents discuss[ and i CIT RR abstaining Councilors no: Aube. he rea of iced con e in [fie area f discussion, voiced concerns 6 Crowley,am,Tylvoting Farnham, Tyler d Woodcock cilo voting yea: Leen Councilors objectionsaboutthis project. Motion to Re - abstaining: S ROM1man vote fer back to Plannong for full re -bearing n Conflict for Parnham - on Conflict for Counaccicilor Motion d vote: 6 ideas Wee, 2 no, 1 oboes[ nganCounc 6 be, 2 abstaining n o voting Aube. Colley. Turkish, Aube. Baldacci, Leen, Tyler 6 ley, Lear, Tyler LeoCoun, dco: Leen. Palmerlmd Woodcock Councilors vatlsg voting Woodcock Councilors lorslabs Parnham Baldecci d Tyler Councilor Absent: Rei Rafimeo 6 Rehman Vole of Conflict far Councilor Conflict for C Woodcock - 6 no, 2 Councilors voting ldatalning Crawley. Avbe. Sler , Farnham, 6 Tylox Councilors abstain- Cou its:oleev IDg: Rehman d Woodcock word. Plan- Lor 1,PY overview this ning officer, gave an overview 1N COUNCIL Project. Dan ed the tures August 26, 1998 August the or don of Che structures scheduled (3rd Hotton to Pass An Amended by SubstiCouncilor for Tom Russell, , attorney stained) made 6 seconded. Councilor Rahman ab - deemngdemolition. applicant, began presents from sr ueelon and vote this ordi- of this of ncis Conflict for Cjowle voce on Conflict far en Pence Motion the until made r Councilor Crowley 6 n 2 abstaining 6 ec nde a New Bu made d seconded agenda items on New voting Aube. Baldacci,oun do Woodcock seeping down and Councilor stepped Farnham, a Tyler 6 Woodcock Councilors Tyler Chaired the meeting nodi conflict for Tyler abstains g: Cr abstaining: Crowley d Tony Eyeetails Councilor Woodcock was resolved. Solicitor dRo seiley. Capital Realty, gave de[a11e the search the council [fiat no conflict was ec this project. for the locaERC, minedinformed ou a determined by the Bar Counsel and n - by rob¢C fun he Prank, iambi[ detailed the proposed t previous Code £lice previously by change. Amelia Poe Jeff change. rthees med of Ethics. Councilor Woodcock i mud the Chair. ilor Woodcock Don Mary Kellog, Alpert, Mary Kellog. MiclO, Motlov to vote on no conflict for Councilor Charles[aani. Fre Charles Civiellq Fred Tao, Save CvsM1ingy 9FP-�ytl N� I URQ21 OHIO ST 8IS Z V_ M&SD , O - t' - y D d J � • I UNION M&SD )k TO USD URD2 ST 98-148 (AS AMENDED) Aeipud to CounNw CITY OF BANGOR Amending Land Development Code - union mnE.) WnNhauur, —_--- _ street, Union Place, Hammond Street and Ohio Street Be it ordained by the City cwa ofd a Cup sfBaq .afdtsmc THAT the zoning boundary lines as established by the Zoning Map bO the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing parcels of 'land located at 243-245, 255 and 251 union Street, 8, 12, 14 and 16 Union Place, 2]3/2]7 and 281 Hammond Street and 50-52-54 and 58 Ohio Street (Tax Map No. 33, Lots 37, 38, 39, 40, 40A, 41, 42, 43, 44, 53, and 54.) from Urban Residence 2 District and Multi -family and Service District to Contract Urban Service District. Said parcels containing approximately 1.4 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 2, section 6.6 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The gross floor area of any building to be constructed shall not exceed 11,500 square feet. B. The design of any building to be Constructed shall be consistent with the so-called New England prototype schematic attached hereto. C. The following activities shall not be conducted on the property: 1) Serving or consuming of alcoholic beverages. 2) Sale of motor vehicle fuel. 3) Servicing or repairing of motor vehicles. 4) Serving food prepared on the property directly to motor vehicles. D. Goods or materials displayed for retail sale shall be limited to an outdoor display area that does not exceed 1% of the gross floor area of any building to be constructed on the property. H. No building shall be constructed on the property identified as Dot 53 on City of Bangor Tax Map 33. P. Any commercial development on the property shall not have vehicular access to or from Ohio Street, nor shall any connecting vehicular movemeate between Ohio Street and Union Street or Hammond Street be permitted on the property. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file in the office of the City Clerk and incorporated herein by reference. In the event that said agreement is not to executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. N 98-148 (AS AMENDED) 1 1 1 i i i I OHIO ST UR®2 ION ST m M&SD �To use CONTRACT ea UR®2 98-148 APPLICATION F 7/1/97 T0: THE CITY COUNCIL AND NATE March 13, 1998 TRE PLANNING BOARD OF EANGOR, MAINE: N0. Union Realty star 1. 1(WE) Stephen F. pubard Trustee 2. of P.O. Box 708 Waterville, Maine 04903-0708 873-0186 Address t;lLy or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassify ]I1g from URD-Z and M-FES district to the Urban service district for the property outlined in red on the maps attached hereto, which are part of this application, and described ae follows: 3. ADDRESS OF PROPERTY (if any) See Attached Sheet Total Area (acres or Square feet) 1401 acres 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East Of Pine Street Northeast of intersection of Naomond Street and Union Street 37, 38, 39, 40. 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 33 Parcels 40A, 41, 42, 6. EXISTING USE: Nixed: Gowoercral and Multi-Pamily 43 44.53654 7. PROPOSED USE: Retail 8. NAME AND ADDRESS OF OWNER OF RECORD: Name See Attached Sheet Address See Attached Sheet 9. NAME AND ADDRESS OF CONTRACT OWNER (if such) See I above 10. SIGNATURE OF OWNER OR CONTRACT OWNER: Q F 11. REPRESENTATIVE OF APPLICANT; Name Thomas A. Russell (if applicable) P.O. Bax 738 Address Bangor, Maine 04402-0738 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. See Attached Sheet RETURN PORM 6 DUR Zone Change (1/2 acre or less) $315.00 $234.00+ $549.00 Zone Change (in excess of 1/2 acre) $503.75 $234.00• $737.75 Contract Zone Change $755.25 $292.00• $1,047.25 +Two Ads Required RECEIVED NHR i 6 )yytl PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE rnNn nave 98-148 UNION REALTY TRUST LAND DEVELOPMENT CODE MAP AMENDMENT Address Name and Address of Tax Map/LotNo Parcel Owner(s) of RecoN 33/37 255 Union Street Jerome Mishou RR 2, Box 3590 East Corinth, Maine 04427 33/38 251 Union Street Paul Newman 64 Royal Road Bangor, Maine 04401 33/39 8 Orion Place Ray Colf6rd 12 Union Place Bangor, Maine 04401 33/40 12 Union Place Ray Colford 12 Union Place Bangor, Maine 04401 33140A 14 Union Place Ray Collard 12 Union Place Bangor, Maw 04401 33/41 16 Union Place Paul Newman 64 Royal Road Bangor, Maine 04401 33/42 243-245 Union Street Fred & Jacqueline Tarr 18 Balsam Road Bangor, Maine 04401 33/43 281 Hammond Sneer David D. Lawler 281 Hammond Street Bangor, Maine 04401 33/44 273/277 Hammond Street Albion Smith RR 1, Box 5 Levant, Maine 04456 33/53 50-52-54 Ohio Street Paul Newman Frederic Newman, Jr. 64 Royal Road Bangor, Maine 04401 33/54 58 Ohio Strect CEI Housing, Jnc. P.O. Box 268 Wiscasseq Maine 04578 98-148 PROPOSED CONTRACT ZONE CONDITIONS UNIONMAMMOND STREET 1. The gross floor area of any budding to be constructed shall not exceed 11,500 square feet. 2. The design of any building to be constructed shall be consistent with the so-called New England prototype schematic attached hereto. 3. The following activities shall not be conducted on the property: a. Serving of alcoholic beverages b. Sale of motor vehicle fuel C. Servicing or repairing of motor vehicles d. Serving food prepared on the property directly to motor vehicles 4. Goods or materials displayed for retail sale shall be limited to an outdoor display area that does not exceed I% of the gross floor area of any building to be constructed on the property. 5. No building shall be constructed on the property identified as Lot 53 on City of Bangor Tax Map 33. MULE MWAYNE HAMILT W NS III Ihl'a EM 98-148 (AS AMENDED) (3RD) Aaeip��edm� nn lo. CITY OF BANGOR Amending Land Development Code - Union Street, Union Place, and Hammond street Bm it ordahW be Me MY Cowmlt of So COY o/Bapow, as /opoma: THAT the zoning boundary linea as established by the Zoning Map O the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: Sy changing parcels of land located at 243-245, 255 and 251 Union Street; 8, 12, 14 and 16 Union Place; 273/277 and 281 Hammond Street; 58 Ohio Street and the rear portion of 44 Ohio Street (Tax Map No. 33, tots 37, 38, 39, 40, 40A, 41, 42, 43, 44, 54, a Portion of 52 and Union Place) from Urban Residence 2 District and Multi -family and Serv1C9 District to Contract Urban Service District. Said parcels containing approximately 1.5 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory Conditions imposed by Chapter VIII, Article 2, Section 6.6 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The gross floor area of any building to be constructed shall not exceed 11,500 Square feet. S. The design of any building to be constructed shall be consistent with the so-called New England prototype schematic attached hereto. C. The following activities $hall not be Conducted on the property: 1) serving or consuming of alcoholic beverages. 2) Sale of motor vehicle fuel. 3) Servicing or repairing of motor vehicles. 4) Serving food prepared on the property directly to motor vehicles. D. Goode or materials displayed for retail sale shall be limited to an outdoor display area that does not exceed 1t of the gross floor area of any building to be constructed on the property. E. Any commercial development on the property aball not have vehicular access to or from Ohio Street, nor shall any connecting vehicular movements between Ohio Street and Union Street or Hammond Street be permitted on the property. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file in the office of the city ' Clerk and incorporated herein by reference. in the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinence shall become null and void. --_ I I 1 1 1 i D I U10 OHIO ST i Z u 0 o D 2= 2 UNION N ,8-"8 (AS AMENDED) I I I i I I I 1 I I It I J�- ST M&SD TO USD CONTRACT IM URD12 I UI L14AM M, Md,I} XIU i If RCF I%, AMENDED PROPOSED CONTRACT ZONE CONDITIONS UNION/RAMMOND STREET 1. The gross floor area of any building to be conswcted shall not exceed 11,500 square feet. 2. The design of any building m be constructed shall be consistent with the so-called New England prototype schematic attached hereto. 3. The following activities shall not be conducted on the property: a. Serving or consuming of alcoholic beverages b. Sale of motor vehicle fuel - C. Servicing or repairing of motor veldcles d. Serving food prepared on the property directly to motor vehicles 4. Goods or materials displayed for retail sale shall be limited to an outdoor display area that does not exceed 1 % of the gross floor area of any building to be constructed on the property. 5. Any commercial development on the property shall not have vehicular access to or from Ohio Street, nor shall any connecting vehicular movements between Ohio Street and Union Street or Hammond Street be permitted on the property. APPLICATIO 1/1/97 TO: TBE CITY COUNCIL AND .OATS June 22 1998 TNS PLANNING EOARD OF BANGOR, MAIN&: NO. Union Realty Trust 1. I(ME) Lathan F. Debora Trustee 2. of Y.O. Bax 708 Waterville, Maine 04903-0708 873-0186 Address City oz Poet O£Eice Telephone - hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from Mutci-Family end Sery and Ufban Residence district to the Urban Service district for the Property outlined in red on the maps attached hereto, which are Part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) See Attached Sheet Total Area (acres or square feet) 1.5 i antes 4. PROPERTY LOCATION (General location): E1[ample- South side of State Street 400 yards. East of Pine Street Northeast of intersection of loosened Street and Union Street 31, 38, 39, 40 S. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 33 Parcel 40A, 41, 42,4 6. EXISTING USE: 'xed: Coamei<iai and Multi-Fami1 4 a=,(rear),5 7. PROPOSED VSE: Retail "I union Plac 8. NAYS AND ADDRESS OF OWNER OF RECORD; Name See Attached Sheet Address See Attached Sheet 9. NANS AND ADDRESS OF CONTRACT OWNER (if auchit! See nd 2 above 10. SIGNATURE OF OWNER OR CONTRACT OWNER: .. �. 11. REPRESENTATIVE OF APPLICANT: Name TTon,as A Russe it (if applicable) p. o. sox 138 Address BanRoc Maine 04402-0738 Tel. 990-3314 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FOBN & FOBLGRIT •l_a A ol�inn foe PrOCeRAJUS Zone Change (1/2 acre or lees) $315.00 Advertising Total $234.00* $549.00 Zone Change (in excess Of 1/2 acre) $503.75 Contract $234.00* $737,75 Zone Change $755.25 $292.00* $1,047.25 *TWO Ads Required PLEASE READ PROCESSING PROCEDURE ON Lakn"92r"RE19baRO�� REVERSE SIDE AMENDED UNION REALTY TRUST LAND DEVELOPMENT CODE MAP AMENDMENT Address Name and Address of Tax Mao/Lot No. ofd Owner(s) of Record 33137 255 Union Street Jerome Mishou RR 2, Box 3590 East Corinth, Maine 04427 33/38 251 Union Street Paul Newman 64 Royal Road Bangor, Maine 04401 33/39 8 Union Place Ray Collard 12 Union Place Bangor, Maine 04401 33/40 12 Union Place Ray Colford 12 Union Place Bangor, Maine 04401 33/40A 14 Union Place Ray Colford 12 Union Place Bangor, Maine 04401 33/41 16 Union Place Paul Newman 64 Royal Road Bangor, Maine 04401 33/42 213-245 Union Street Fred & Jacqueline Tarr 18 Balsam Road Bangor, Maine 04401 33/43 281 Hammond Street David D. Lawler 281 Hammond Steel Bangor, Maine 04401 33/44 273/277 Hammond Street Albion Smith RR 1, Box 5 Levant, Maine 04456 33/52 44 Ohio Street (rear) Rosscare 489 Stale Street Bangor, Maine 04401 33/54 58 Ohio Street (rear) CEI Housing, Inc. P.O. Box 268 Wiscasset, Maim 04578 FARRELL, ROSENBLATT & RUSSELL 61 hUUN STREET P.0 BOX728 June 24, 1998 Gail Campbell, City Clerk City of Bangor 73 Harlow Street Bangor, Maine 04401 Re: Union Realty Trust Zone Change Application Council Ordinance 98-148 Dear Gail As we discussed, the abovecaptiomd matter is scheduled to be considered at the Planning Board meeting of July 7th. If the Planning Board acts on the menet that evening, it is my understanding that the matter would normally appear on the next meeting of the City Council, which would be July 13th. Unfortunately, I Will be unavailable on July 13N as I will be out of state on a family vacation, a vacation that was scheduled and booked quite some time ago. In addition, it is my understanding that at least two councilors will also be on vacation and will not be present at the July 13th meeting. In light of the foregoing, I respectfully request that in the event the Planning Board acts on the matter on July 7th, that Council Order 98-148 be placed on the agenda for the July 27th meeting of the City Council. Thank you for your consideration of this request. Very truly yours, FARRELL, ROSENBLATT & RUSSELL �o �/ Thomas A. Russell TARlbd CC: Edward Barrett Stephen JJubord