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Home My WebLink About1975-10-15 378 AC ORDINANCE'r 378 AC Introduced by Councilor Soucy, Cctoher 15, 1975 CITY OF BANGOR (TITLE.) Mri1inmuRa Amending zoning ordinance at. orcin mad __. __ ............. Be it ordatnmd dy tde qey Counnto(the City mlBaaymr, ae (omwe: THAT the zoning tomadary linea as established by the Zoning Men of the City of danger dated September 23, 19749 as emended, be hereby further emended as follows: By changing from Parke and Open Space Sone (PW) to Commercial Service Zone (C-3), a parcel of land at the south aide of Odlia Bond adjacent to the Diamond International Building Supply outlet. Said parcel being more tsrtloularly described as into #10, 11, 12 and part of 13 -on Sheet $R-ly of the Assessors mp of the City of Bangor, and as specifically shown on the map attached hereto and made part hereof. IN CITY COUNCIL October 15, 1975 F fv Received 1st reading. Deferred to Planning Board. Consider next meating. /Jr, 0 , ' CITy CLERK IN CITY COUNCIL October 27, 1975 Consider next meeting. <1T c IN CITY COUNCIL xovember 12, 1975 ceive3 2nd reading. Assured by adding after -hereof' in last line, "Except that the area within the clear zone be excepted from this declare. Consider next meeting. CITY C 378 AC ORDINANCE )UW ( TITLE.) Amending Zoning Ordinance at Odlin Road. RECEIVED CITY OF BANGOR innwiaarmtl fico IV - CITY CLER'K'S OFFICE 179 OCT 9 F" 2 09 awe(imal This ordimadis is cmv tty Batu sa4 OYmetttea rn IN CITY COUNCIL ftrmsed ( Imyshd. ovember 24, 1975 Amended by adding the following: porous, Boucy and Scales. "'Provided that this amendment shall not become effective until the developer or Of the land deser )bed herein C1TY CL Owner and delivers to the City a ment as set forth in Exhibit A'attached hereto." Exhibit A emended by deleting the words "Easement should include" in the first line and substituting therefor "Grantor grants the City Of Bangor (Grantee)" seen further "mended in the third line by addI,4 the word and" after "dust" and deleting "and all other effects." Further amended by changing all references to "Grantors". to 'Granter' and in the Nth line by substituting the .,word "it" for "they" in loth cases. As amended, passed by the following yes and no vote: Councilors voting yes Ballo, Bigney, Brountas, Finnigan, Gases Hindrance, C3 DIAMOND INTERNATIONOL y�IMAT! LIMITO W CLNAQ. ' � CLtNR ZONE P&O PARK & OPEN SPACE C3 COMMERCIAL 3 e _0 AREA TO CHANGED FROM Pao TO C3 ZONE- Bangor, the renter of Maine—rhe Getemay 0 Maine's North Woods and Seashore Race" Tau of Pangar, Amin October 21, 1975 TO: Honourable City council FHOH: .Planning Hoard m: Tone Change -- Min mad Council Order 039a1C Gentlemen Please be advised that the Planning Hoard held a Public Hearing October 20, 1975 on the above request. Me Planning Hoard, after reviewing the request fora tote change to Commercial 3, and the problems involved with the airport and safety factors, tabled the request until their met meeting, to secure additional information on the problems involved. CarlCarl J - Planning Director =:af Bangor, she renes. of Maine --- the Gaeemay to Maines Nodb Woods and Seashore Ruaw IE 4 of Pamour, Paint rLa""'Ro�r eember5,1975 10: Honorable City Council FROH: Planning Hoard RE: Zone Change -- Min Rand Council Scene :378AC Please be advised that the Flaming Word held a Public Rearing on October 20. 1975 to consider Me above request for a sone change. The Flaming Beard gave careful consideration to Me request to rezone a parcel of land on Me Odlin Road from Parke end Open Space to a Commercial 3 Hone. The Hoard considered Me proposal for use of the load, as well as Me problems inherent in the ares. Since Me area of request (approximately 5 acres) falls partially within the ^clear m s defined on Me Airport Hester Plan, the Hoard took into consideration Me effect such use would have on Mei clear zone and resulting effect an Me Song -term use of Me airport." Consideration was alae given to the community benefits that develop sent rr non -development would have for Me safety and welfare of the public. and sound development of Me airport and environs. After serious comideratian of the problems and effects, of the recommendations of Me Administration, and of Me Federal Aviation Administration (arty of Meir letter attached), the planning Honed voted to recommend appeeival of the zone change for that area outside of the "leer® e" and recommended Mat the area within Ma clear none Out be changed. Carl J. t- P1enuSM Director CJK:af Enc: P.A.A. letter Hap AIRPORT_ CLEAR_ ZONE c� a. .. CLEAR 'ZONE. o BOUNDARY m ®REQUESTED CHANGE AREA (P&O To CB) RECOMMENDED ZONE CHANGE BY PLANNING BOARD (P&O TO C3) p. DEPARTMENT OF TRANSPORTATION / ,('oo,o-�,.•-.L x. FEDERAL AVIATION ADMINISTRATION NEW ENGLAND REGION 3 NEW ENGLAND EXECUTIVE PARK BURLINGTON, NASA 01003 Telephone (617) 273-7233 F. 1'4C/.e OCT 911975 Mr. Peter R. D'Errim Airport Nanager Bangor Iatetnational Airport Bangor, Maine Dear Pete: This is De response to your letter of October 23, 1975 consuming the Proposed rezoning of a portion of the land .within the Clear BOce to BUnway 33 at the ganger Airport. _ As you Area, federal Aviation Regulations (PAR) require that, in projects involving grants-in-aid Under the Airport Development Aid Program, a sponsor must was, acquire,, or agiee Be acquire an adequate property in- - urest in ranwayclear zone am". To thin case, the City has received grants-in-aid, and has by approving the Alrpom Layout Plan (ALP) agreed to acquire that portion of the clear zone for Runway 33 which is not Cur- rently Owned by the City. The area adjacent to the clear zone should be protected by m easenext limiting the height of structures and prohibit- ing uses incompatible with airport operations. We do rot object to re- zoning the land beyond the limfu of the clear zone for C rcdal use, provided an adequate easement An obtained. Boeing within the clear zone moat he wmpatible Rich Clear zone requirement (no building or Glamor - tions) Nay we remind you that the lend acquisition and An easement which As an interest in land aresubject to the requirements of the Uniform Reloca- tion Assistance and SEEL Property Acquisition Policies Act of 1970, and that Title III, Subpart I of Part 25 (PAR) applies. SagaNing the provisions which should be included in the proposed GREG - BEGUN, WE have attached a suggested warding for your assistance. - To assist you la establiehing height restrictions within the proposed easeeneat area, we have indicated controlling elevations above mem sea level On the enclosed abstract from the ALR. Me elevations are shown in - red ink at the wrnara of the a marked "Property Interest to be Ac- quired". The height restriction plane or imaginary surface inclines uni- formly at a,. slope of one foot vertically for each) ft. horizontally (1:1), Decreasing in height as the distance from the runway centerline extended is increased. 2 .'ix is our understanding that current plana for a coieuarcial establishment adjacent to the clear zone anticipate that there will be inadequate auto parking space within the property limits. If such Situation occurs, rs, the FAA would probably offer no objection to the useof a portion of the cleat sone at its outer extremities, provided, however, that no structures be created therein, that there be no other objects constituting an obstruc- tion to navigable air space, and that prior to authorisation by the 'sponsor of such us , the FAA be given an opportunity to review the pro- posal. Moreover,a consideration should be anticipated by the sponsor should our concurrence follow such a submission. Finally, the answer to your last question is that by ignoring the reta m - mdations of thean beater plan d All, especially these that coincide with Federal regulations, could certainly jeopardize your eligibility for future Federal funding. However, we trust that this matter may be worked out to the satisfaction of all concerned and that Federal assistance will be an important consideration Is the solution. Sincerely, 41;L� T CARAND ' `chief, A1r c planning Branch Non. Nllliam S. Cohen, CongreSsasn, State of Main Mr. Carl 1. gasobod, Planning Director, City of Bangor in. facto Bassi, Chief, PAA Control Tower, Sargon AVTGAIION USDIeNT PROVISI NS Gra hr q.ase a b v uashen brigar- Easeasv boxdddn she right-to cause in all air apace. above the surface of Grantors' /p��rooper�rttyy h noise, vibrations, Eaves, duatea particles(md all ocher effect)tbmt may be caused by the operation of aircraft ...••• lending at or taking off from, or operating at or on Bangor International Airport. Grantor/ doahereby waive, readies end iy release any right o e of action which they may now have or which ehey any have in the future against Grantee due to such noise, vibrations, fumes, duet, fuel particles, and all other effects that may be caused or any have been 'caused by the operation of aircraft lending at or taking off from, or operating at or an said Bangor International Airport.'. She easement and right of way hereby granted includes the covtiau- Ing right in the Grantee to prevent the erection or growth upon Grantor^ property of any building, structure, tree or other object extending into the air space above the aforesaid imaginary plane, and to remove from said air apace any stab building, structure, tree or other abject new upon, or which in the future may be upon GrentordS property, together with the right of Ingress to, egress from and passage over Grantor0ej property for the above purposes. 1 q,� AVIGATION EASDENT PROVISIONS Easement should include the right to cause In all air space above the surface of Gravtore' property such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused by the Operation of aircraft lending at or taking off from, or operating at or on Bangor latereational Airport- Grantors do hereby waive, remise and release any right or cause of action which they may now have or which they may have in the future against Grantee due to such noise, vibrations, fumes, dust, fuel, particles, and all other effects. that may be caused or may have been caused by the operation of aircraft lending at or taking off from, or operating at or on said Bangor International Airport.' The easement and right of way hereby granted includes the continue— 'ing right in the Grantee to prevent the erection or growth upon Giantorak Property of any building, structure, tree 'Or other object extending foto the air space above the aforesaid Imaginary plane, and to remove from said air space any such building, structure, tree or other object now upon, o which in the future may be upon Grantor,, property, together with the right of ingress to, egress from and passage over. Grantors,. property for the above purposes, UN, Y1,11.11f, ifiit, 4 A 1 i 5.Lh � \. 1 Pc F�CUI2_G ltl y M� 4 5� PLSA, M1V 0 JJI ALR'CJ:?'JRE 7 7 Pr CCpIMER •AAP i1?IBl'cr EfiCt ND4S.RV r � US S\\� 1 rr n 4 2 V ? rr Gtln FR PE=-�; V %<. Vhangar, the renteroffjaine-the Gana. to Maine's North Woods and Seashore Resorts RECD ANE6i0' OC i.4iP co Si - ✓ J Yme p ss w GI"4 of 8ar faloe P°a� . - - Aiaeaar DEFAmteseen - — lla limbs 23 1975 Mr. Vincent Scaraio . Chief,. Airports Planning Branch Federal Aviation Administration 12 New England Executive Park - Burlington, Massachusetts Dear Vince: At the present time, there is a request before the Planning Board to re- zerse approximately 14 acres of land, the majority of which is in the clew a to Runway 33, from Park and Open Space to Commercial, for the nstryction of abuilding. Theproposed building site Is unknown to us at this time. The major portion of this parcel has been recommended for acquisition by the city in our Master .Plan. adjacent to the clear zone is approximately 13.4 acres for which the Master Plan recommends obtaining easements. My purpose in writing you is for confirmation of the maximum height limitation on anything that would be constructed within this e I would also like any comments o suggestions you have relative to this zorse-change request. In addition to. staying within the dictatesof the approach plane within the clear zone, other factors such as high noise levels and safety cannot be overlooked. Would you please indicate to us what the easements should specifically cover and any other comments you care to make? Could allowing a e change within the clear zone end ignoring the recommendation of the MasterPlan jeopardizeeligibility for federal funding for future projects or land ecq'isLtionrThe next meeting of the Planning Board is Monday, November 3rd. very truly yours, Peter P. ➢'Emco Airport Manager PD: ca Enclosures