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Home My WebLink About2010-01-25 10-062 ORDINANCECOUNCIL ACTION Item No. 10 062 Date: January 25, 2010 Item/Subject: Ordinance, Amending Land Development Code — Contract Zone Change — 213 Ohio Street from Contract Urban Service District to Contract Urban Service District. Responsible Department: Planning Division Commentary: The applicant, Webber Oil Company, is requesting a contract zone change for their property located at 213 Ohio Street from Contract Urban Service District to Contract Urban Service District. The applicant is proposing to amend the contract zoning conditions. /s/ James D. Ring Department Head Manager's Comments: l �- !„ !� City Manager Associated Information: Ordinance, Application, Proposed Contract Zone Change Conditions Budget Approval: Finance Director Legal Approval: City Nicitor Introduced for Passage First Reading Page 1 of i X Referral to Planning Board Meeting of Tuesday, February 2, 2010, 7:00 p.m. 10 GO �i"�I♦y . CSS T� Assigned to Councilor - Palmer January 25, 2010 CI'T'Y OF BANGOR Ao.�r�fe�ti z1 (TITLE.) Ordinance,Amending Land Development Code — Contract Zone Change - 213 Ohio Street from Contract Urban Service District to Contract Urban Service District. Be it ordained by the City of Bangor, as follows.- THAT ollows. THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing a parcel of land located at 213 Ohio Street (Tax Map 31, Parcel No. 51) from Contract Urban Service District to Contract Urban Service District. Said parcel containing approximately 14,000 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions imposed by Chapter 165-7 of the 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. A Retail or Service Business, or Business or professional office, all as defined by the Code of the City of Bangor Section 165-13, is limited to the existing gross floor area; B. Hours of operation shall be limited to the hours of 6:00 a.m. and 9:00 p.m.; C. Signage shall be limited to twenty-four (24) square feet and must meet all other Sign Ordinance requirements; D. There shall not be any freestanding accessory buildings. E. The owner of the premises shall maintain the natural vegetative buffer on the north side of the property; 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement 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 owner, a copy of said agreement being on file in the office IN CITY COUNCIL January 25, 2010 First Reading & Referral to Planning Board Meeting of 2/2/10 at 7pm CITY CLERK IN CITY COUNCIL February 8, 2010 Motion Made and Seconded to Postpone Indefinitely Postponed Indefinitely all # 10-062 ORDINANCE (TITLE,) Amending Land Development - —ode - Contract Zone Change - 213 — 01hin Street from Contract Urban Service Dintrirt to Contract Urban Service District Assigned to Councilor P�lmtar of the City Clerk and incorporated herein by reference. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. n } iA u6iw 7/l/09 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE THE PLANNING BOARD OF BANGOR, MAINE: NO. I(WE) Webber 0 i 1 Company 2. of 700 Main Street. P.O. Box 929 Bangor, ME 04402-0929 Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from USD contract district to the USD contract district for the property outlined in red on the maps attached hereto, which are part of this application, and described as follows: ADDRESS OF PROPERTY (if any) 213 Ohio STreet Total Area (acres or square feet)14000 square feet 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No.31 Parcel 51 6. EXISTING USE: numerous 7. PROPOSED USE: office, retail, coffee shop 8. NAME AND ADDRESS OF OWNER OF RECORD: Name Webber 0 i 1 Company Address700 Main Street, P.O. Box 929, Bangor, ME 04401 0929 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): NA 10. SIGNATURE OF OWNER OR CONTRACT OWNER: ,tiO 11. REPRESENTATIVE OF APPLICANT: Name Mr. Raymond J. Cota, Jr. (if applicable) Address P.O. Box 929, Bangor, ME 04402-0929 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGO& ME. Application fee Processing Advertising Total Zone Change (1/2 acre or less) $549.00 $372.00* $ 921.00 Zone Change (in excess of 1/2 acre) $878.00 $372.00* $11250.00 Contract Zone Change - 5 conditions or less $1,314.00 $463.00* $1,777.00 More than 5 conditions or 50 words $1,814.00 $463.00** $To be determined *Two Ads Required ** Advertising costs above this amount to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE USD C TO USD C i G&IS 5 C .A 062 Proposed Contract Zone Change Conditions — 213 Ohio Street A. A Retail or Service Business, or Business or professional office, all as defined by the Code of the City of Bangor Section 165-13, is limited to the existing gross floor area; B. Hours of operation shall be limited to the hours of 6:00 a.m. and 9:00 p.m.; C. Signage shall be limited to twenty-four (24) square feet and must meet all other Sign Ordinance requirements; D. There shall not be any freestanding accessory buildings. E. The owner of the premises shall maintain the natural vegetative buffer on the north side of the property; MEMORANDUM DATE: February 3, 2010 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code — Contract Zone Change - 213 Ohio Street C.O. 10-62 Please be advised that on January 27, 2010 the applicant, Webber Oil Company, withdrew its application for the above contract zone change revision.