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).