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HomeMy WebLinkAbout1988-03-28 88-162 ORDINANCE88-162 Amending Zoning Ordinance - ContraZone Change - LLem/Subjecn Perry Road -. I-2 to 1-3 --C.O. & 88-6- 162 Responsible Department Planning Division Commentary: The Planning Board held a public hearing or the above contract zone change request at its regular meeting on April 4, 1988. Afters e discussion as to the similarity of the proposed use with other uses in the area and after finding that the proposed contract met the mandatory requirements for a contract zone change, the Boardvoted five in favor and none opposed to recommend the proposed change from 1-2 Zone to 1-3 Zoneto the City Council. Tom Russell, Esq., representing the applicants, was the only person testifying at the public hearing. Attached, please find: 1. Amended C.O. 8 88-162.. 2. Location Map 3. Application 4. Staff recommendation. to Planning. Board �F//r/plv� Manager's Comments: iiuMmug , CiiY nlmwyrr Assxiatetl In}prmacipn: Budget Approval: a rcn Legal Approval: COV so ..w Item No. Page— of ORIGINAL COPY 88-162 Introduced by Councilor Shubert, March 28. 1988 CITY OF BANGOR (TITLE.) �X[111SNISCCI Amending Zoning ordinance ....... ..._.... Bek erdahwal byW City Coumakofthe City ofBasbar. ash4aws: THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated September 23,, 1974,. as amended be hereby -further amended as follows: By changing a parcel of land located on Perry Road (Tax Map No. R-27, Parcel No. 9A, Parcel No. 9B, and Bart of parcels 8A, 8B, and 9C) from Industrial 2 Zone to Industrial Zone. Said parcel containing approxi- mately 6.655 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 VIIL, Article 21, Section 11.3, ordinances of the City of Bangor, said change of zone is granted subject to the following con- ditions: 1. The use e and/or operation of the subject premises shall be subject to thefollowing limitations and/or restrictions: A. The use of the subject property 'shall be limited to the following, which shall be considered permitted uses: 1) Any permitted use or special exception use allowed in the Industrial Park 1 Zone -(I-1) or the Industrial Park 2 Zone (1-2). 2) Sales/Leasing and/or service of heavy equipment, including trucks, tractors, trailers,agricultural equipment, forestry equipment, construction equipment, or the like 3) Any accessory uses which are incidental and subordinate to any of the foregoing uses. B. The development of any new buildings on the subject property shall be subject to the following development standards: In City Council March 28, Fefered to planning Boasd 1A/ 4✓ C'ty cle k in city Council April 11,1988 voting yes Blanchette,England Frankel, Tilley 88-162 ORDINANCE TITLE Amending Zoning ordinance Perry Road I MAR 24 AID AS HE Ciro[ C'CfTy CLERKBir 88-162 (AMENDED) CITY OF BANGOR ITITLEJ Mrbinancer Amending Zoning _ordinance Be U orlanud by W (\i Yy Cpmld{ of as CUy ofBanpr, as ( EswA THAT the zoning boundary lines as established by the Zoning Map of .the City of Bangor dated September 23, 1974, as amended be hereby further amended as follows: By changing a parcel of land located on Perry Road (Tax Nap No. R-27, Parcel No. 9A,, Parcel No. 9B, and Part of Parcels 8A, BB, and 9C) from Industrial 2 Zone to Industrial 3 Zone. Said parcel containing approxi- mately 6.655 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 21, Section 11.3, Ordinances of the City of Bangor, said change of zone is granted subject to the following con- ditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictiona: A. The use of the subject property .shall be limited to the following, which shall be considered permitted uses: 1) Any permitted use or special exception use allowed in the Industrial Park 1 Zone (I-1) or the Industrial Park 2 Zone (I-2). 2) Sales/Leasing and/or service of heavy equipment including trucks, tractors, trailers, agricultural equipment, forestry equipment, conetxvcticn equipment, or the like 3) Any accessory uses which are incidental and subordinate to any of the foregoing uses. B. The development of any new buildings on the sutiject. property shall be subject to the following development standards: 1) Lot Coverage: a) Lot with area up to 60,000 square feet: maximum 25% b) Lot with area in excess of 60,000 square feet: maximum 35% 2) Minimum Setback: 50 feet 3) Side yard width: one aide a minimurn of 25 feet, total of both side yardsnot. less than 90 feet. 4) Rear yard depth: minimum of 30 feet plus 30% of building height over 30 feet 5) Minimum lot area: none 6) Landscaping: front and side yards not occupied by drives, walks, parkingo ding or display areas shall be. landscaped nd maintained. 1) Lot Coverage: _ a) Lot with area up to 60,000 square feet: maximum 25% b) Lot with area in excess of 60,000 square feet: maximum 35% 2) Minimum Setback: 50 feet 3) Side yard width: one side a minimum of 25 feet, total of both aide yards not less than 90 feet. 4) Rear yard depth: minimum of 30 feet plus 30% of building height over 30 feet 5) Minimum lot area: none 6) Landscaping: front and side yards not occupied by drives, walks, parking, loading or display areas shall be landscaped and maintained. 2. Execution by those. parties with an interest in the affected property of an agreement providing for the implementation and enforce- ment 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 1s not so executed and recorded within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. , P&0 Interstate t® 3g5 / / / I2. 12 C3 I �� ' 3 I2 Perry Road �\\ 0 12 �Je 12 to 13 o®Q APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE_ March 17, 1988 THE PLANNING 'BOARD OF BANGOR, MAINE: NO. 2. 5. 6. 7. 1E I(WE) Sohn Linnehan, Sr. and Robert Whited c/o Bangor Ford of 403 Hogan Road Bangor, Maine 09901 947-3390 Address Cvty Or Post O Eves "Telephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from1-2 zone to the 1-3 zone the property- roperty out inl' ed in red an the maps attached hereto, which are part of this application, and described as follows: ADDRESS OF PROPERTY (if any) Perry Road Total Area (acres or Square feet)n PROPERTY LOCATION (General Description); Example^, -South side of State Street 400 ydS. East Of Pine Street North aide of Perry Road, across from intersection of McCaw Road and Perry Road All Of parcels 9A & LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. R27 9Parcels Son of & 9C EXISTING USE: Vacant and truck terminal —` PROPOSED USE: Sales/Legaing andlorf heavy NAME AND ADDRESS OF OWNER OF RECORD: Name Applicants Address Same as above WANE AND ADDRESS OF CONTRACT OWNER (if such): N/A 10. SIGNATURE OF OWNER OR CONTRACT OWNER: If ¢� 11. REPRESENTATIVE OF APPLICANT: Name Thomas A. Russell (if applicable) Address P.O. Box 902 Bangor, Maine 04401 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM "& DUPLICATE TO PLANNING DIVISION CITY HALL, BANGOR, ME. Application Fee: Processing Advertising Total Zone Change $90.00 S 50.00 $140.00 Contract Zone Change 90.00 250.00 _ $340.00 •Two Ada Required PLEASE READ PROCESSING PROCEDURE ON REVERSE GIDE Item No. 6: Zone Change - Perry Road - John Linehan, Jr, and Robert '\ whited - C.U. 9 88-162 a. ApplicanI hasequested a change from I-2 to I-3 Zone of an area approximately 6.6 acres on Perry Road which was formerly a truck terminal. The applicant proposes to use the existing site develop- ment for sales/leasing and/or service of heavy equipment. While truck terminals are a permitted use in the I-2 Zone the sales and ser- vice of trucks are not. The proposed zone change request provides for development standards as required in the I-2 Zone and limits the use of the property to I-1 and I-2 uses and the heavy equipment sales and service including "trucks, tractors, trailers, agricultural equipment, forlstry equipment, construction equipment, or the like." b. The limitation onsales in the Industrial Zone which allows for the other activities proposed is primarily intended to prevent the installation of various retail activities in an Industrial Park which would be disruptive to the enjoyment of the industrial park by the other uses and would encourage night time traffic and use which increases security problems, etc. The incidental sale of [rucks or heavy equip- ment in a truck terminal site like this one would appear to be compat- ible with the other uses permitted in the zone and with similar activities which are included in our industrial parks such as the 1-3 zone on the other end of the Perry Road adjacent to the Interstate where A.J. Cole Tire operates presently. c. The proposed contract zone change appears to meet the mandatory condi- tions as the proposed use is compatible with the uses of the present zone and the other uses in the area, and Staff would recommend that the Planning Board recommend this zone change to the City Council. NEW BUSINESS - Item No. 8: Site Plan Review - 910.V Maine Avenue (Temporary Street Number) - Gary Hagan a. Applicant requests site plan approval to construct a -one-story, 5,250 sq. ft. office building located at 910V Maine Avenue in an Airport Zone. b. The proposed use, business or professional office, is a permitted use n the AP Zone. The site plan meets the requirements for submittal and the requirements of the zone. Staff has notified the applicant of two minor deficiencies in the plan, storm drainage at the entrance drive of the site and lack of a turnaround area at the westerly end of the parking lot. Staff would recommend site plan approval if these defici- encies are corrected. Q