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€
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.;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
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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
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LOCATION
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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
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