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HomeMy WebLinkAbout1986-07-28 86-316 ORDINANCE86-316 Introduced by councilor NcCartby, July 28, 1986 -_. CITY OF BANGOR (TITLE.) (orbinance, Amending Zoning _Ord ce _.. Bea ordalaefl by the City Coau:E!ofthe City nf&avw. as fo1kwe: 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 £pllows: By changing a parcel of land located on Union Street (Tax Map No. 24, Parcel No. 11E) from Commercial 2 Zone to Commercial 3 Zone. Said parcel containing approximately one acre and being more par- ticularly 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 conditions: 1. The useand/or operation of the subject premises shall be subject to the following limitations and/or restrictions: a. The subject property shall be used only for the business of renting motorvehicles to the public, the long term leasing of motor. vehicles to the public, valet parking services, and the retail sale of motor vehicles pre- viously used in the owner's rental or leasing business. b. .Any building erected on the subject property shall be an more than two stories tall, shall cover no more than 5,000 square feet of lot area and shall be used only for the business purposes previously outlined. C. The building or buildings contained on the property shall have an area that can be used for the servicing of his the owner'svehicles. and the servicing of vehicles belonging to the customers of the valet parking service. d. No mechanical repairs shall be carried out on the premises onvehicles being kept for customers of the valet parking service. Said vehicles may be washed and waxed on the premises as a service provided to the customer. e. Normal repairs may be carried out on the premises o vehicles owned by the owner for the purpose of keeping said vehicles roadworthy. No other vehicle repairs shall be carried out on the premises. £. The owner shall have no more than seven (7) vehicles at one time on the property for sale, and they shall be vehicles previously owned and used by the owner in the rental or leasing business. g. The property shall be limited to parking spaces for thirty- five (35).vehicleaesed in the rental c business and sixty (60) vehicles for the valet parking services. All motor vehicles kept on the subject premises shall be properly cleaned andaligned in an orderly fashion. No fewer than five (5) parking spaces shall be reserved for customers of the business. h. The entire area of the subject premises surrounding the building or buildings shall be properly filled, paved and maintained as a parking lot. r. In the event that the subject premises cease to be used for the purposes previously outlined, the zoning classifica- tion of said premises shall be eligible for a reversion and/or change to the zoning classification of the property located contiguous t0 1015 union Street. Said reversion and/or change may be initiated by a representative of the City of Bangor or an abutting landownerto the subgdct premises, shall be processed in accordance with the pro - coders established for an amendment to the Zoning Ordinance in effect at that time, and shall be evaluated in accordance withthe criteria established for the review of zone change applications. Furthermore, Thomas A. Toys, III, Albert L. Bean and Frederick N. Bean hereby covenant and agree that they, their successors and assigns, will not object to or oppose any reversion and/or change hereunder. P. Execution by those parties with an interest in the affected property of an agreement providing for theimplementation 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 owners, a coy of said agreement being on file in the Office of the City Olark and incorporated herein by reference. In the event that said agreement is not so executed and recorded within sixty (60) days from the date of passage hereof, this ordinance shall became null and void. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF: THE CITY OF BANGOR THAT this Ordinance amendment shall become effective upon the recordation Of an executed copy of the aforementioned agreement in the Penobscot County Registry of Deeds or at such time as the same becomes effective pursuant to the provisions oftheCity Charter of the City of Bangor, whichever is later. IN CITY COUNCIL July 28, 1966 Referred to Planning ymard - Consider next M-etiaq. 86-316 ONOINANCE THU,) Amending Coning ordinance j r Union Street. 4 L.o.,.14C LMerKO�i+ .— LAI 51vwtl and filed ty G Game tiara ' In City Council August 11'198 consider next regular meeting C In City Council Augnst 25,1986 amevtled.by substitution and Passed amended Copy Attached Vote 9 Yea vating Yea Nrown,Cox,Frax*el,ICbowita,MC Cartby, Su3livau,Tlllay,WbeeIar,Wdlley � CityQ Cle[K i 86-316 \\C2 TO C3 85-316 APPLICATION FOR MIND ORDINANCE AND MAD AMENDWENT TG: THE CITY COUNCIL AND DATE June 4 1986 PPE PLANNING FOARD OF BANGOR, WINE: 0. 1 1 (WE) Thomas A. Toye III 2, of 1 Scabbard Rd. Scarborough, ME 883-2150 Address City or Post Office Telephone hereby petition to emend the arming ordinance of the City of Bangor, Maine by reclassifying from C-2 acne to the C-3 None the property outlinedn redl on : maps attached ere7o—, w ic,�t of this application, and described as follows: 3. ADDRESS of PROPERTY (if Any) Union St. next to Midas 1015 Union St. Total Area (acres or squarefeet) acre 12U± x 350 4. PROPERTY LOCATION (GeneVl Description): Example - South side of State Street 400 yda. East of Pine Street 5. LE]AL. DESCRIPTION OF PROPERTY Assessors Map No. 24 Parcel 11E METES and BOUNDS - (Attach a separate sheet) 6. EXISTING USE: Vacant Land 7. Construct a car PROPOSED USE: rental facility, allow sales of rental 8. NALE AND ADDRESS OF OWNER OF RECORD: Nerve Albert L. and Frederick N. Sean Address Ohio Street. Bangor, ME 9. NAAE AND ADDRESS OF CONTRACT OWNER (if such): Thomas A. Tove III Scarborough. ME 10. SIGNATURE OF OWNER OR CONTRACT OWNER: Agent for Peter A. Hensen RETURN FORM AND DUPLICATE TO PLANNING DTFISION. CITY HALL BANGOR MAINE Action for a =tied change will be initiated with the Bangor City Council end referred to the Bangor Planning Board. Statutes require a Public Hearing before the Planning Board, after a public advertising (at least 10 days prior to such public hearing), for All chandee to the zoning ordinance of the City of Bangor: The re- o®endation of the planning Board is then returned to the Bangor City Council for final action. Application Fee: Processing Advertising Total Cone ChangeS 90.00 $ 40.00 = $130.00 Contract Zone Change 90.00 200.00 * _ $290.00 * Two Ads Required e6-316 PROPOSED RESTRICTIONS AND CONDITIONS a. The subject property shall be used only for the business of renting motor vehicles to the public, the long term leasing of motor vehicles to the public, valet parking services, and the retail sale of motor vehicles previously used in the owner's rental or leasing business. b. Any building erected on the subject property shall be no more than two stories tall, shall cover no more than 5,000 square feet of lot area and shall be used only for the business purposes previously outlined. c. The building or buildings contained on the property shall have an area that can be used for the servicing of his the owner's vehicles and the servicing ing of vehicles belonging to the customers of the valet parkingservice. d. NO mechanical repairs shall be carried Out on the premises on vehicles being kept for customers of the valet parking service. Said vehicles may be washed and waxed on the premises as a service provided to the customer. e. Normal repairs may be carried out on the premises on vehicles owned by the Owner for the purpose of keeping said vehicles roadworthy. No other vehicle repairs shall be carried out on the premises. I. The Owner shall have n0 more than seven (7) vehicles at one time on the property for sale, and they shall be vehicles previously owned and used by the Owner in the rental or leasing business. g. The property shall be limited to parking spaces for thirty-five (35) vehicles used in the rental car business and sixty (60) vehicles for the valet parking services. All motor vehicles kept on the subject premises shall be properly cleaned and aligned in an orderly fashion. No fewer than five (5) parking spaces shall be reserved for customers of the business. h. The entire area of the subject premises. surrounding the building or buildings shall be properly filled, paved and maintained as a parking lot. 1. In the event that the subject premises cease to be used for the purposes previously outlined, the zoning classification of said premises shall be eligible for a reversion and/or change to the zoning classification of the property located contiguous to 1015 Union Street. Said reversion and/or change may be initiated by a representative of the City of Bangor or an abutting landowner to the subject premises, shall be processed in accordance with the procedure established for an amendment to the Zoning Ordinance in effect at that time, and shall be evaluated in accordance with the criteria established for the review of zone change applications. Furthermore, Thomas A. Toys, III, Albert D. Bean and Frederick N. Bean hereby covenant and agree that they, their successors and assigns, will not object to or oppose any reversion and/or change hereunder. Bongo, Maiw — Nau Englmd Croafb CnN DATE: August 7, 1986 T0: The Honorable City Council FROM: The Planning. Board SUBJECT: Amending Zoning Ordinance Union Street - Contract Zone Change Council Ordinance No. 86-316 Please be advised that the planning Board,at its regular meeting of August 4,1986, opened the public hearing on the above zone change request. After careful consideration of the proposed contract zone change conditions, the. Board voted five in favor and none opposed to continue this public hearing to the Board's next meeting in order to allow theapplicant additional time to amend the proposed conditions. t. . hn r planning Office RODNEY G. WKAY CITY HALL MADGE, BANGOR, MAINE 04401 i[t. aoa /asaDeOa AMPI M. LORD venni oxaa Q% ofDEPARTMENT M PLANNING VVI COMMUNITY DEVELOPMENT DATE: August 7, 1986 T0: The Honorable City Council FROM: The Planning. Board SUBJECT: Amending Zoning Ordinance Union Street - Contract Zone Change Council Ordinance No. 86-316 Please be advised that the planning Board,at its regular meeting of August 4,1986, opened the public hearing on the above zone change request. After careful consideration of the proposed contract zone change conditions, the. Board voted five in favor and none opposed to continue this public hearing to the Board's next meeting in order to allow theapplicant additional time to amend the proposed conditions. t. . hn r planning Office 86-316 (AMENDED) Hp x CITY OF BANGOR (TITLE.) Mrbinanre, Amending Zoning Ordinance _.._ union Street He vdutn l by tl:e City Coutts[ of Ow Cita of Baa6 ,as folbua: THAT the toning 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 Union Street (Tax Map No, R24, Parcel No. 118) from Commercial 2 Zone to Commercial 3 Zone. Said parcel containing approximately one acre and being more parti- cularly 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 conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: a. The subject property shall be used only for the business of renting motor vehicles to the public, the long term leasing of motor vehicles to the public, valet parking services, and the retail sale of motor vehicles previously used in the owners' rental or leasing business. b. The subject property is 0.95 acres. A building to house the business shall be located in the front half of the lot and located approximately 50 feet from the sideline of Union Street. There shall be a separate holding and parking area for automobiles located between the rear of the building and the northeasterly boundary of the lot. The dimensions of that holding area shall be approximately 200 feet by 140 feet. c. The front portion of the lot shall be fringed by a grass strip_ approximately 5 feet wide on the side and 10 feet wide on the front. A chain link fence shall separate the front of the lot from the rear holding area. d. The front portion of the lot shall include parking spaces for customers of the business. The business may also, from time to time, display vehicles for sale in the front portion of the lot. These vehicles shall be vehicles previously used by the business for rental or leasing, and said sale shall be incidental to the primary business of the owner. e. The holding area shall be fringed on the sidelines and the rear line by the planting of a hedge or buffer con- sisting of densely planted shrubs or trees, or by the rection of a fence Of wood, metal, stone, masonry or other material, of at least 4 feet in height for the purpose of creating an attractive screen at all times from the neighboring property. f. The building or buildings contained on the property shall have a service bay that can be used for the servicing of the owner's vehicles and valet Parking service vehicles. No repair services are to be offered to the public. A gasoline pump and tank may be maintained on the premises for servicing of the owner's vehicles. 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 owners, copy of said agreement being on file in the Office of the City lerk and incorporated herein by reference. In the event that said agreement is not so executed and recorded within sixty (60) days from the date of passage hereof, this ordinance shall become null and void. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT this Ordinance amendment shall become effective upon the recordation of an executed copy of the aforementioned agreement in the Penobscot County Registry of Deeds or at such time as the same becomes effective pursuant to the provisions of the City Charter of the City of Bangor, whichever is later. &6-316 (AMENDED) _p CITY OF BANGOR (TIRE.) (DrYM421M, Amending Zoning. -Ordinance Be it ordaiwd by Cfq Coaaid of City WBanyor, as Aukum- THAT the zoning boundary. linesas established by the Zoning Map of the City of Bangor dated September 23;,1974, asamended, be hereby further amended as follows: By changing a parcel of land located on Union Street (Tax Map No. R24, Parcel No. 11E)from Commercial 2Zone to Commercial Zone. Said parcel containing approximately one acre .and being more parti- cularly 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 conditions: 1. The use e and/or operation of the subject Qremises shall be subject to the following limitations and/or resArrcbious: a. The subject property.. shallbe used only forthe business of renting motorvehicles to the public, the, long term leasing of motox.vehiplesto the public,valet parking services, and the retail sale of motor vehicles previously used in the owners' rental orleasing business. b. The subject property is 0.95 acres. A building to house the business shall be located in the front half of the lot and located approximate) 50 feetfromthe sideline of Union Street. There shall be a separate holding and parking area for automobiles, located between the rear of the building and the northeasterly boundary of the lot. The dimensions of that holding area shallbe appTuximately 200 feet by 140 feet. - C. The front portion of the, lot shall be fringed by grass strip approximately 5 feet wide on the side and 10 feet wide on the front. A chain; link fence shall separate the front of the. lot from the rear holding area. 2 d. The front portion of the lot shall include parking spaces for customers of the business. The business may also, from time to time, display vehicles for sale i the front portion of the lot. These vehicles shall be vehicles previously used by the business for rental or leasing, and said sale shall be incidental to the primary business of the owner. e. The holding area shall be fringed on the sideline. and the rear line by the planting of a hedge or buffer con- sisting of densely planted shrubs or trees, or by the erection of a fence of wood, metal, stone, masonry or other material, of at least 4 feet in height for the Purpose of creating an attractive screen at all times from the neighboring property. I. The building or buildings contained on the property shall have a service bay that can be used for the servicing of the owner's vehicles and valet parking service vehicles. No repair services are to be offered to the public. A gasoline pump and tank may bemaintained on the premises for servicing of the owner's vehicles. 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 owners, 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 and recorded within sixty (60) days from the date of passage hereof, this ordinance shall become null and void. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF. THE CITY OF BANGOR THAT this Ordinance amendment shall become effectiveuponthe recordation of an executed copy of the aforementioned agreement in the Penobscot County Registry of Deeds or at such time as the same becomes effective pursuant to the provisions of the City Charter of the City of Bangor, whichever is later. DATE: August 20, 1986 TO: The Honroable City Council FROM: The Planning Board SUBJECT: Contract Zone Change - Union Street Thomas Toys, III, Applicant Council Ordinance No. 86-316 Please be advised that the Planning Board at its regular meeting on Monday, August 18, 1986 held a public hearing on the above contract zone chane request. After some discussion as to the mitigating effects of the proposed site improvements contained n the contract conditions, the Board voted five in favor and none opposed to recommend the above zone change (as amended). X11914 Moine — NM £nglmd Gepmp £eaw TEL m,i v,ax: nmv.e w,", aag of PA%ar, c4lame DEPARTMENT Of PLANNI NG 0�0 COMMUN11V DEVELOPMENT DATE: August 20, 1986 TO: The Honroable City Council FROM: The Planning Board SUBJECT: Contract Zone Change - Union Street Thomas Toys, III, Applicant Council Ordinance No. 86-316 Please be advised that the Planning Board at its regular meeting on Monday, August 18, 1986 held a public hearing on the above contract zone chane request. After some discussion as to the mitigating effects of the proposed site improvements contained n the contract conditions, the Board voted five in favor and none opposed to recommend the above zone change (as amended).