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
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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
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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)
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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
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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.
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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
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Thomas A.
Russell
TARlbd
CC: Edward Barrett
Stephen JJubord