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HomeMy WebLinkAbout1967-01-23 64-U ORDINANCEIntroduced by'Ccuncilor Hunt, Jan. 23, 1969 CITY OF BANGOR (TITLE.) Mrbina Ttet _..nmanding. znnxng asdiaanpa..., Cogen road _a_nid Mt, 1}ope..Amp. 8e it ordainedWthe WfY Fwrwit p(W CLW s(Banasr, w(otbme: that the zone boundary linea as established by the Zoning Ordinance of the City of Bangor on January ), 1954, as scented, be hereby further amended as follows: Mat a change from Agricultural zone to General Business zone an area of land on the east side of Hogan Road and north of Mt. Hope Avenue, being more particularly described as follows: To be changed to "General Business Zone". Beginning at a point being the North East corner of Mt. Hope and Hogan Road. Thence in a northerly direction along the east side line of Hogan Read for a dfhtance of 1300' more or less to a point. Thence in ane asterly direction and at right angles for a distance of 4001 more or less to a point Thence in a southerly direction for a distance of 900' more or less to a point. Thence in aa asterly direction for a distance of 400? more or less to a point on the common linebetween Oyer A Mahaney property. Thence in a southerly direction along the Dyer d Mahaney line for a distance of 400? more or Less to the north side line of Mt. Hope Avenue. Thence In a westerly direction along the north side line of Mt. Hope Avenue to the point of beginning. Thus describing part of parcel U1 and parcel 04 of assessor rural sheet 70. These parcels containing 15 acres more or less. 64-N 644 IN CITY COUNCIL April 24, 1967 L ORDINANCE Remain on table. -r.� ivED ' (TrilE,) Amevdin¢ Zoeun¢ Ord. -Hoven Ad. & A1. 1157 JAH 17 ro 9 L4 _ Bane Ave. cxTr c CLEANS CFPIC€ zN� .;I?Y _._ ,: ..•., nay 8, 1967 Taken from table, Planning Board report IN CICOUNCIL TY IatrCAeyd and filed dU read, retarded. Can. 23, 1967 Referred to Planning Hearst, tabled, Oxa¢llans CITY K CITY CA CITY CLERK stirs oNtn F, is rorrealy May 22, 19 Taken from table, Planning board report and Provided by the following yea IN CITY COUNCIL antl onvote: Councilors voting yes: and Feb. Feb.3, 1967 1 BalVmY Barry, Brown, Houston, Hunt, on table. _ McKay, Porter. Councilor voting no: l/. Brountas. Councilors absent: Minely, Boldacci. Passed let reading by the following yea and no vote:Councilor, "CTTY CLARK S Onmlttem on voting yea: Barry, Brown, Houaton,Hunt, Imposed "mums s. Many, Porter. Voting no: Brountoes. ' IN 1TR COUNCIL Councilors Miner and Bqldacci absent. Feb. 27, 1967 IN CITY COUNCIL Tabled. Romain on table. March 27, 1967 Romain on table, _ CITY CLERK _ INCITYC CIL June 12, 96 CITY obbil Taken from table, passed Ind reading by CI CLERK the following yea and no vote:Councilor6 ITY C 1 L voting pee: Baldacci, Barry, income, Mflrch 13, 196 1N 1TY B Houston. hunt, Mckay, Porter. voting no. Taken from table, retabled. April IB, 1967 Brountas. Absent: Minsky. Taken from table, amended as per attached sheet by the following yes and no vote: Councilors voting This ordinance having received 2 readin a 9s yes: Baldacci, Barry, Brown, Houston, Must, n wiKy, on separate dates, being properly certi- CITY CIERK Porter. Councilor voting no:-Brountae, McKay. fied as correctly engrossed, was Referred to Planning Beard by the following yen and finally PASSED by the following yes and n ante: no vote: Councilors voting yea: Bal¢acci, Barry, Councilors voting yes: Baldacci, Barry, Brown, Houston, Hurn, Minsky, Porter. Councilorsu Hunt, McKay, Porter. Macy. Tabled. voting no: Brountas,Minsky Conci or"Bton, Brountas wring no. Councilor ky so so Mne t. �K � CITY CLERK �`v"\ CITY cP£aK _ 6,_ Introduced by councilor Hunt, Jan. 23, 1967 CITY OF BANGOR (TITLE.) MrihltBYee, Amandigg_Z„p^' A era�nanc_e_,_ Hogan, dead. arnc Mt, Hope Ave. Be it ordained by as Oft Ca*nag of as ¢W of Danger. as folkumv that the sone boundary linea as established by the Zoning Ordinance of the City of Bangor on January 7, 1954, as amended, be hereby further exceeded as follows: That a change from Agricultural zone to General Business zone an area of land on the east side of Hogan Road and north of Mt. Hope Avenue, being more particularly described as follows: To be changed to 'General Business Zone". Beginning at a point on the seat side line of Hogan Rand 4501 south of the inter of a culvert for the Penjajawoc stream, which is the point of beginning for this described parcel. Thence in a southerly direction for a distance of 300' more or less along the east side line of Hogan Based to a point. Thence in an easterly direction for a distance of 5001 mre or less to a point. Thence in a northerly direction for a distance of 285' more or leas to the center line of Penjajawoc stream. Thence west and north along the center line of Penjajawc stream to a point being 3Gd north of the south line for a distance of 42�1 more or less to the point of beginning. Thence describing a parcel of land located easterly of Hogan Road and containing 4 acres mere or leas. i *1 'c1_ DAM Hey 22, 1967 Beginning at a paint on the east aide line of Hogan Road 450' South of the center of a culvert for the Penjajavoc stream, which is the point of beginning for this described parcel. Thence in a southerly direction for a distance of 300' mo less along the east side line of Hogan Road to a point. Thence in eeasterly di- rection for a distance for a distance of 600' more or leas to a point. Thence in a northerly direction for a distance of 285' more or less to the center line of Penjajawc stream. Thence wear and north along the center line of Penjajawoc stream to a point being 300' north of the south line for a distance of 423' more or less to the point of beginning. Thence describing a parcel of land located easterly of Hogan Road and containing 4 acres more or less. Bangor, the Center of Maine --the Gateway to Maines North Woods and Seashore Resorts May 18, 1967 TO: City Council PBQ1: Planning guard RR: Hogan Road Zone Change Council Order 64-D Gentlemen This letter will supplement our letter of May 16, 1967. At Mr. Dyer's request, to the Planning Department on May 18, we have considered the aspect of the Volkswagen parcel, as it relates to the entire request. Wb11e we do not feel the entire parcel should be zoned commercial as requested, we would consider that a none change for the parcel to be utili- zed by Volkswagen (a parcel 300 x 600) would be in order. We have viewed the proposal presented by the Volkswagen organization and Herefore indicate that the Planning Board would look with favor wchange for that parcel, assuming the parties involved consomme to their transaction. Sincerely yours. Carl J. Reached Planning Director CJK:jb / J ti d, P: PLANNING DEPARTMEKT May 18, 1967 TO: City Council PBQ1: Planning guard RR: Hogan Road Zone Change Council Order 64-D Gentlemen This letter will supplement our letter of May 16, 1967. At Mr. Dyer's request, to the Planning Department on May 18, we have considered the aspect of the Volkswagen parcel, as it relates to the entire request. Wb11e we do not feel the entire parcel should be zoned commercial as requested, we would consider that a none change for the parcel to be utili- zed by Volkswagen (a parcel 300 x 600) would be in order. We have viewed the proposal presented by the Volkswagen organization and Herefore indicate that the Planning Board would look with favor wchange for that parcel, assuming the parties involved consomme to their transaction. Sincerely yours. Carl J. Reached Planning Director CJK:jb / J ti a aEU.IOflS IN9VPAN� TIMBFAIANCB MMCAGES 59fi1 STATE STREET a BANGOR, MAINE TEL. 942-5543 -- 5544 -- 5545, AREA 207 May 10, 1967 Mr. Carl Kosobud Planning Board Bangor City Hall Bangor, Maine Dear Carl: Re! Planning Board Report of May 4, 1967 Hogan Road 64-U The enclosed Prentiss 6 Carlisle survey will show the final and exact location of the Volkswagen lot. I am disturbed to learn at this late date that the City is contemplating the taking of a 100' sewer easement on, along and by the Penjajawoc Stream. This "surprise" has caused me additional delay, and the additional expense of another $85.00 for the enclosed new survey; --- not to mention the loss of interest on the $40,000. Csale price) for 60 days. (7 - $400.00) Now that we have gone to all this trouble and expense, please be advised that I am ready and willing to sell this 100' ft. strip to the city, and respectfully request a meeting with you and other City officials to complete this sale, at this time; --- if you mean to finish what you have started. Also, please be advised that the "new" Volkswagen lot, (and the former Volkswagen lot) falls within the area which I have requested to be re -zoned. As I previously advised you and the Board, --- the 100' ft, easement is irrelevant to the zoning request. It is not the concern of the City as to what effect it might have on the Volkswagen people, because if and when the City wants the easement it can take the same by eminent domains. It is apparent to me that you "shook up" my client with this fictional problem (or actual problem) - only • "Results Count(" Mr. Carl Kosobud 2. May 10, 1967 to forestall a HIGHER ACQUISITION COST, if and when the City purchases the said 100' ft. strip. It occurs to me that you (and/or the City) have abused "discretionary powers", --- in order to KEEP THE VALUE of this land depressed, -- so that the City may buy the 100' ft, easement at an AGRICULTURAL ZONE price; --- rather than at the fair market value, reflected by its' true ("highest and best use") price. If the City does not purchase this easement, at this time, 1 shall interpret this interference by a bureaucratic department of the City, as being just that, INTERFERENCE. I respectfully request the Board to approve or not approve the zone change as applied for, --- and not to "spot zone" the area being "sold". It seems to me that the method of "spot zoning", which has been previously approved, is vindictive and tends to depress the value of the entire lot. It causes unnecessary expense and makes it difficult to sell. this continuing and constant harassment, which takes place every time I am able to sell a part of this property, is hostile. I frankly ask, "Is it the policy of the Planning Board to abuse the "private" developer?" In paragraph #3, -(of your letter of May 4, 1967) - you have said: (quote) "From our existing topo maps and photos it would appear that the stream area has a decided effect on the development of the parcel in question." what effect to the city? --- Price? May I point out that it was not the duty of your department to "shake up" my clients with this kind of %eddling". Please be advised that I gave the Volkswagen people a copy of City Sheet #34, City of Bangor Engineering Department, prepared by American Air Surveys, Inc., --- it was not your duty to "advise" them in any manner. I am the fellow who has applied for the zone change, -- I have not asked for a "spot Zone" change. It was your plain duty to advise "me" of the sewer easement. Why was it kept a secret? Did you want to surprise me --- or is this whole matter just another scheme to delay and delay, until the #701 plan can become law? You implied this assumption to be a fact when you advised the city council, months ago, that the #701 plan would Mr. Carl Kosobud 2. May 10., 1967 be ready the 1st. of March, and classified the whole area as a business area. Frankly, I am writing this letter for the "record" --- because your department has pushed me as far as I wil l gol y, ER RAD/vim E.pSE MEi✓T �. soAAA M h P I � .Y�GAN ROAD N M/HPc 9✓ —� I LOCATION 10, PRENTISS & CARLISLE CO. INC.. ENCS. 5 • 107 COURT ST a BANGOR. MBIXE NATO .r_9_G9 FRE: Bangor, the rents. of Mahm._tbe Gat may to Maine's North Woods and Seashore Resorn Cavof�Nanqorr Alahm May 16, 1967 TO: City Council FROM: Planning Board RE: Council Order 64-D Hogan Road Rezoning. Gentlemen: Please be advised that the Planning Board met May 12 for further con- sideration of the request for a zone change. At the previous meeting - it was agreed by both the attorney for Mr. Dyer and the Volkswagen representatives that further clarification was needed as to any location they (Volkswagen) would be interested in purchasing. Because the Planning Board intended to give every consideration to any specific proposals it was felt this agreement important in considering any zone change. Since Mr. Dyer has requested (Paragraph 2, Page 2, enclosed letter) the Planning Board considered only the request as applied for: The Planning Board voted to deny the zone change as amended and referred to the Planning Board Sincerely yours, Ii yj�� Planning Director C]R:jb v Pro: / 93angar, Ube forger of Maine-abe ¢airway go Muineg North Woods and SewAore Roorn CARL J. K010BUM gag of �IangaT, Mame PI-ANNING DEPARTMENT May 4, 1967 TO: City Council FROM: Planning Board R8: Amending Zoning Ordinance - Hogan Road and Mt. Hope Order 64-U referred back to Planning Board after emending Gentlemen: Please be informed that the Planning Board held a public hearing Friday, April 28, 1967 on the above Council order. Me Board gave careful consideration to the request, and to the presentation by the proposed tenants for a small part of the area. (Voikswagon) While the Board considered the question of zoning the entire parcel, and the possibility of zoning that portion of it - where a use is proposed, they took the following action. The Board tabled the zoninq; change for further consideration because: 1. More information was needed on the aspect of a drainage way through the land. 2. Me owners and potential developer (Volkawagou) need several days to clarify as land and stream relationship as it relates to the parcel of land to be purchased by Volkswagon and what its effect would be on any future expansion. 3. Fromuexisting topo maps and photos - it would appear that the stream a a has a decided effect on the development of the parcel in question. Considering these very critical points, for both the City and the pro- posed development, the Board agreed to meet and resolve the problem as speedily s possible when there was clarification and agreement from the several propo- nents. I PM l .e.d/ Planning Director cdg:]b 4 AMENDMENT to ORDINANCE 64-U That Ordinance 64-U be further amended by deleting the following therefrom: "thence in an easterly direction and at right angles for a distance of 400 feet, more or less" and substituting in place thereof: "thence in an easterly direction and at right angles for a distance of 600 feet to a point" and by deleting therefrom the following: "thence in an easterly direction for a distance of 400 feet, more or less, to a point on the common line between Dyer and Mahaney property" and substituting in place thereof: "thence in an easterly direction for a distance of 200 feet, more or less, to a point on the common line between Dyer and Mahaney property" APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT T0: THE CITY COUNCIL AND DATE dmurr 11. i$e] THE PLANNING BOARD OF BANGOR, MAINE: NO. (Do not write In this apace 1. I (Wg) 2. of Address City or Poet Office Telephone hereby petition to amend the zoning ordinance of the City of Bangor, Mine by reclassifying from Agrlaultnral zone to the"wral Business seat the property outlined in red on the maps attached hereto, which a Fart of rain application, and described as fol Love: 3. ADDRESS OF PROPERTY (if any) Ham Read Total Area (acres or square feet) 15 Acres 4 PROPERTY TOCATION (General Description): Example - South aide of State Street 400 yds. East of Pine Street. N.E. Corner of Huge* Road S Mount Hope S. LEGAL DESCRIPTION OF PROPERTY Assessors Map No. R-70 Parcel No. 1 g j, METES and BOUNDS - (Attach on separate sheet) 6. PROPOSED USE: >. NAME ANO ADDRESS OF OWNER OF RECORD: Name Ralph Dyer Address $$ - $1 State $treat. Beevor. Wise 8. NAME AND ADDRESS OF CONTRACT OWNER (if such): 9. SIGNATURE OF OWNER OR CONTRACT GEMINI : RETURN FORM AND WPLICATE TO PLANNING DEPARTMENT. CITY HALL. BANGOR. MAINE Action fora zoning change will be initiated with the Bangor City Council and 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 changes to the zoning Ordinance of the City of Bangor. The re- commendation of the Planning Board Is then returned to the Bangor City Council for final action. 1 r� • a TORS • INSURANCE • TIMBERIANCB . MORTGAGES q*� Z. 59-61 STATE STREET a BANGOR. MAINE TEL. 942.5543 -- 5544 - � 5545. AREA 202 Dec. 6, 1966 Mr. Carl Kosobud c/o Planning Board City Hall Bangor, Maine Dear Sir: In view of the Bangor City Conucil's recent favorable vote of 5 -to 3 and 5 -to 4, the desired zone change at Hogan Road, would have passed if the planning board had approved the matter. It is apparent that the present agricultural zone is obsolete, ---as you have admitted. It is apparent that the zoning board is holdin3 the zone as agricultural for no reason except to arbitrarily stall for time,---une11 a new zoning law, can be written to restrict the area. This pretense is an abuse of the admitted existing law. I am employing Rudman and Rudman to legally contest this dis- crimination. However, to facilitate the immediate use of the property and to possibly obtain a building permit at an early date,to construct two buildings, ---I am herewith requesting the Planning Board to favorably reconsider (at this time) *he zoning for business use, ---of only 15 acres at the corner of Hogan Rd. and Mt. Hope Ave., Bangor, Maine described as follows. *Starting at a point, at the corner of Hogan Rd. and Mt. Hope Ave. and running on along and by the easterly aide of Mt. Hope Ave. a distance of 1300' ft. to a point, and thence at a right angle, in an easterly directioa.a distance of 400'£t. to a potnt,and thence in a southe_ly direction 900'ft. to a point,and thence in an easterly direction a distance of approx. 400' ft. to the Dyer -Mahaney property line, and thence on along a "RAswlta Count/" and by the Dyer -Mahaney line to Mount Hope Ave., a distance of 400' ft.,and thence on along and by the northerly side of Mt. Hope Ave. to the point of beginning. At the earl lest convenience, the Board is requested to reconsider this "smaller area" for immediate development. Sincerely, RALP IN Ralph Oyer, Trees. RAD/mkt Bangor, the center of Maine ---the Gateway to Maine's North Woods and Seashore Record CHU of Puugoe, CIiaine February B, 1967 TO: The Honorable City Council FRCM: Carl S. Kosobud, Planning Director SUBJECT: City Council Order 64-U. Change from Agriculture to General Business a portion of land on the easterly side Of Hogan Road between Mt. Hope and Interstate 95. Gentlemen Please be advised that the Planning Board held a public hearing an February 6 with respect to the above request. The Planning Board gave very careful consideration to the zoning request and its effect on the Comprehensive Plan, as well as what the results of the new Pian might be. In its deliberation, the Board considered: 1. While somewhat different in size, this request is not substantially different from the previous request in its actual effect on the area. 2. The lack of control in the existing ordinance. 3. The adverseeffect ua ontroled develop - want would on the Vocational School. 4. Thenfor positive controls considering the direction of development of e area. 5. The nearness s of the n zoning ordinance Cil as part of the 100le with firm use standards vl� and requirements. i�`Y�I/q.IdlIf/1/P/^• 6. Objection of adjacent owner to commercial development e♦,.9Ip/-�o_T, dews lolopme¢t directly an ML Hope. Bangop the nater of Maine --the Gateway to Maine's North Woo4 and Seashore Room CARL I ""IUD of Pansm, Afeinm M-ANNING oa The Honorable City CouncDEPARTMENT February 8, 1961 ]. The need for set back and yard controls to a imputability of development with the area. 8. They indicated their willingness to consider, as they have in the past, any specific proposals. After careful consideration, the Planning Board voted ananamously to deny the request. Respectfully submitted, CIX: sk Enclosure loG. B. a ¢Q5 4� y{P �4 Ea PeS �1 lla&,XlflW AKZON/NG L EGENO ZONE G/NES P/GH10F {yqY �e ORaP056p RE -ZONING