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HomeMy WebLinkAbout1965-10-11 197-S ORDINANCEu, .._,n _ pCITY OF BANGOR TITLE) MrbinURCB,. �enaing- Zoning _ Dxiina,u.a-frrom Residence ^a" to - Be it ordained by the City Council of the City of Bangor, as foUstm: THAT the zone boundary lines as established by the Zoning Ordinance of the City of Bangor on January 2, 1950. as amended, be hereby further amended as follows Change from Residence "Aa to Cenral Business Zane a portion of land off Sunset Avene being more particularly described as follows, Beginning at an Iron bolt on the southeasterly sideline of Sunset Avenue and 666 feat, m r less free a monument at the intersection of union and Sunset Avenue monument locales on the southeasterly sideline of Union Street; Thence southwesterly along the northwesterly sideline of Interstate 95 for a distance of 628.3 feet, more or leas, to a monument: Thence continuing southwesterly along the Interstate line a distance of 598.5 feat, more or lees, to an iron bolt; Thence northwesterly an inside aegis of 920301 foo a distance of 434.2 feet, more or lees, to a concrete monument at the southeast line of Dow Air force Base; Thence in anortheast direction along said Dow Air farce Base southeast line far a distance of1,260.5 feet, more or lase, to a canerete monument marking the southeast turner of land occupied by Dow Air force Base; Thence in a southeast direction for a distance of 161.2 feet, more or less, t0 an iron bolt; Thence in the s aoproximete direction of southeast for 264 feet, more or less, to another iron bolts Thence running approximately southeast again for a distance of 121.4 feet, more or lase, t0 the iron bolt at the point of beginning. 197- ORDINANCE B. L.;::E:IVED 1965 H? 28 AN 8: 43 (Un ,) Rea. A to General Business zona: _ CITY CLERK'S OFFICE sunset Avenue -v ..r :qn9 vA-NE IN CITY 96IMCILOct. �n Inde ini 1965 V \ aLeed mtl jtied b,/ Indefinitely postponed, t1 O ct(man C Crsar This a+iirerse (s ca'rectip engrcb'£ed. w tttee cm Be4nsxK ptltrerc'@s. Bangor, the center of Maine ---the Gateway b Maine's North Woods and Senshne Ream October ]. 1965 30: The Honorable City Council FECMI The Planning Board W RE: Change from Residence "A" Zone to General Business gone a Portion of land off Sesser Avenue and between the Interstate Highway and Dow Field Please be advised that the Planning Board held a public hearing on the above request on October 4s 1965. The proposed change Involved approtelmttely 15 acres of land off the and of Sunset Avenue. This area is about 650 feet from Union Streets beware the Interstate Highway end Dov Field. The Ptennin& Board carefully considered the proposal presented, as well as the opposition of a number of residents near the area. It was the feeling of the Planning Board thatt (1) This Rezoning would be defeating the purpose of plman ing and zoning. (2) This is a residential area - this proposed ohenge Is net sufficl mit reason to make It General Business. (3) Putting a General Business area beck away from Bnbn Street - it would be better for service to be out to Union Street where access was available. (4) The Comeereial traffic generated on the residential streets would affect the potential development and could stimulate more requests - piecemeal change of the Retire area. (5) The deed reference to use of a strip of land that Is proposed a street fore residential plat for which a preliminary has been submitted, weld cloud its acceptance as a final plat for residential use. Makin Avenue") -2- (6) The University of Maine is considering the area of Dow adjacent to this retuning, and at this time we do not know the extent of their activities or bun It would be affected by such a rezoning. (7) This change is act essential to the neighborhood r the community's welfare. The 1701" plan should evolve a sounder plan than piecemeal as would probably be the end product here. (8) Would require extensive visual advertising on the Interstate Highway as the only means of display. (9) While acknowledging the desirability of retaining the tenants in imager, as well as the advantages of such a grouping into on Auto Park. it 1s felt there 1a other land useable for such a purpose. After careful consideration of the request and its relation to and effect an the general plan, the Planning Beard voted to disapprove the request. CAiedt enc. Respectfully submitted. //G CaarrfJ. RoaobPlanningin Planning Director e nFAL'IVP9 IIOIIMNCE " TIMaER1AN� " MOaT uus 59.61 STATE STREET a BANGOR, MAINE TEL. 941-5543 -. 5544 -- 5545, AREA 309 , September 7, 1965 Mr. Carl Emsobud Planning Director city Mall Bangor, Maine Dear Carl: I am writing on behalf of, and as agent for, Mr. Samuel Poorvu, of Boston, Massachusetts. (2V Mr. Poorvu requests whatever zone change is necessary to ' � V permit the construction and use of business type buildings ithereon. The property is generally known as a part of the former Rankin Grant development as shown on the enclosed sketch. Please note that this property is bounded by the new interstate highway #95; by Dow Air Force Base, and by a dense hedge of trees which prevents any sight, sound, or objectionable odor from this area to the rear of houses on Onion St.,--- (approx. 660' ft. distant). There is only one house on Sunset Ave. which sits down on a depressed lot, out of sight from the proposed area. It is proposed, that this property be used for an automotive park. Namely for FORD,---DODGE,---end possibly another large automobile company, for sales and service. This project will represent over $500,000-- in new taxable property. It is hoped that foundations may be in the ground before , cold weather over -takes and prevents the development of this project, ---until next year. Obviously, we will appreciate your cooperation, and anythi you can do to facilitate matters. Sincerely, • "Rasulta count P' RALPH DYER MgT Avant fo Samuel POOTVn I, Petition by Ralph Dyer to allow a variance in tract of land now zoned "Residential A", to allow the operation of general business. II, The following data is presented in support of this petition, (A) The proposed use is the operation of two or more automobile franchises. The local Dodge and Ford dealers have expressed considerable interest, if a zoning variance can be obtained. (B) The land in question is a vacant 15 acre tract of land located between Dow Air Force Base and Interstate Route 95, at the southerly end of Sunset Drive, in the City of Bangor, Maine. The plot plan is attached as Exhibit 1, (C) There are three reasons why a variance should be allowed: namely --- (1). The land is not able to be can no itslonhighest er eturn and beat use; therefore, a reasonable yield to a landowner. The location between an airfield and a major highway ---has inherent dangers and noise that preclude profitable residential development. The owner is forced to find occupants who can use the advantageous location, yet not ohi sirestricts d the rse and pro fit - traffic to be a detriment. Profit- able use to operation of either retail, commercial, or industrial business. (2). The general welfare of the community is not being served. Both proposed users must change their present location because of the shortage aof space en at their present locations, y, automobile franchise needs a location which (a) is conveniently available to car buyers, (b)has good advertising exposure to the motoring pub lic (c) has large lots to properly and attractively store inventory,and (d) is at a low cost per square foot. No other available tract can compete with neighboring towns in the satisfaction of these criteria. The inability to find suitable land would be a great detriment to the city. There would be a direct loss of property taxes of about the same amount. Moreover, some ofthecompanies' employees would find it convenient to move town where their place of work would be; this lowers both the volume of local business and the city tax revenue. &a (3), A second aspect of the city's general welfare is progress toward building Bangor into major commercial and manufacturing center. Me tw prime attractions are the new Interstate Highway andthe proposed re -use of Dow Air Force Base. Therefore, the proximity of this tract to these attractions makes it one of the most desirable in the ity. it realizes the imaged of s progress e which would ion to not much dnbe created by having new.odern buildings dmajor in prominent nt tractions view from the highway. w Location, for companies considering Bangor as a e is the appearance that other companies have already achieved profitable operation. The general welfare of land its will be served by Routen128 around Boston is highest and bees usese.. a prime example. (D) Me opponents to the variance can argue three issues; namely --- (1). The variance will be of such size as to make a substantial change in the zoning plan as to require action by the City Council. This is not true. The tract is bounded on its westerly side by Dow Air Force Base. The administrative buildings, clubs, etc are visible from the highway. One has to admit that these are general business uses and will probably continue as such after the military leaves. It seems very natural that a businessTuse should tical - be permitted in an adjoining tract. pa arly evident when one notes the location of the Interstate Highway. It is a natural and reasonable expectation that the expansion of business afore, will require the utilization of the tract6 one must realize that in this particular area, change to business use is not asubstantial, od unusual, or unexpected change. Me neighborh land use patterns will remain the same. 3- (2). The neighborhood. landowners will complain that their property will diminish in value. This is unlikely. Not only is the beginning of the tract well over 650 feet from Union Street, but also the tract is bordered by a row of trees. Moreover, the users will build and maintain attractive buildings in order to establish a good public image. Therefore, one must conclude that there will be no loss of property value, because if the tract can be seen, it will not be, unattractive. Me percentage increase in traffic on Union Street will. not be significant. This is already a major thoroughfare. Conclude, no loss in neighborhood property values. (3). There is one dwelling on Sunset Drive, the occupant will complain of particular damage due to elimination of view, noise, and traffic. By the weight of authority, no one has a vested interest in a zoning classification. However, great weight is given to the amount of damage suffered by one who has made an investment in his property, when a variance is being considered. The easiest way to assess damages is to hypothesize what would happen if the tract were developed for residential housing. A 15 acre lot would support 60 houses, which would probably have 1§ cars per house. This would result in the passage down Sunset Drive of at least 180 cars, plus utility vehicles each day. The noise of children and the noise of vehicles on the Interstate Highway would also be obvious. The comparison between the proposed use and a residential use becomes a "toss-up". However, the whole argument becomes moot because the construction of residential housing between a major highway and a general business area, such as Dow, is very unlikely. it is also unreasonable for any property owner to assume that because one use is impractical, the tract shall remain forever vacant and valueless. _ ,. 4 t I -I I. The Zoning variance should be granted. The general welfare of our community will be greatly advanced by the proper and consistent utilization pf the tract. The voices of complainants do have merit on the surface, but once the facts are examined,they lose their validity. Me neighborhood's patterns of use will not be changed, nor will there be any unique damage caused to the property owners in the vicinity. i fA, Y � � vraAup 5T J ECG�rri R. -A. UN/ON ST. 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