HomeMy WebLinkAbout1996-09-25 96-385 ORDINANCEDate Saotembez 13. 1999 Item No. 96-385
Item/Subject Amending Land Development Code - 131V Pearl Street
Responsible Department: Planning Division
Applicant requests a zone change by reclassifying a parcel from
Urban Residence District -1 to Urban Residence (Contract) District -2
for two single family homes located at 131V Pearl Street. The lot
in question is a vacant parcel at the corner of Peerl, Garlandf aM
Fruit Streets.
Mane is Co nts-
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[ ri'� I0 / cd/.fe aovd City Manzger
Ci /ted Informations
rmatii6s
Associated Sn£oxmation: 0
Budget Approval:
Finance Director
Legal Approval:
Ci y Solicitor!
Introduced For
Passage
g First Reading Page 1 of 1
1 Referral to Planning Beard
96-385
Aedgnedto Comeyor Popper September 25, 1996
CITY OF BANGOR
(TITLE.) alfrbixt ltret Amending Land Development Coda...—
Be a
oda.......
Bea ordainad by Ow City Coamil of as CUY ofBansa, ae foyova:
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 part of a parcel of land located at 131V Pearl Street
(Tax Map No. 53, Parcel 190) from Urban Residence District -1 to
Urban Residence (Contract) District -2. Said parcel containing
approximately 17,650 square feet 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 VIII, Article 2, Section 6.6 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. The number of dwelling units per structure be
limited to one.
B. The gross floor area of each structure be limited
to 1,500 square feet.
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 of the City Clerk and incorporated
herein by reference. In the event that said agreement is not s,
executed within ninety (90) days from the date of passage hereof,
this Ordinance shall become null and void.
IN CPM (XMIL
Sept. 25, 1996
nrat Reading
Referred TO -
planning Hoard
CPM CfEIIlL
IN CIty COUNCIL
October l6, 1996
Passed Vote: ] yea, 1 absent
Councilors voting yes: Blanchette
Leen. Popper. Saucy, Sullivan,
Tyler d Goodc k
e Baacct
CITY CLERK
96-385
ORDINANCE
Title, puanding Land Development Code -
13IV Pearl Street
......................................
....... .........................
jWp,o'Yr
IH
......FALI. 4 C)....
Councilman
TO:
96-355
7/1/96
APPLICATION FOR LAND DRuET-Q N
THE CITY COUNCIL AND DATE September 16, 1996
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1. I(WE) City of Bangor
2. of 73 Harlow Street Bangor, NE 04401
207-945-4400
Address City or Post Office
Telephone
hereby petition to amend the Land Development Code of
the City of
Bangor, Maine by reclassifying from Urban Residence District -1
district to the Urban Regiam,, Digt.icr-a district
for the
property outlined in red on the maps attached hereto,
which are
part of this application, and described as follows:
Application fee
3. ADDRESS OF PROPERTY (if arty) 131V Pearl Street.
Prodessina
Total Area (acres or square feet) 17,650 S0. FT
Total
Zone Change (1/2 acre
4. PROPERTY LOCATION (General location): Example - South
side of
State Street 400 yards. East of Pine
Street
Zone Change (in excess
Corner of Pearl, Garland, and Fruit Streets
$489.00
5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. %I
Parcel 140
6. EXISTING USE: vacant lanA
$733.25
$265.00*
7. PROPOSED USE: Cingla £,mill, qfrurrum.
*Two Ada Required
8. NAME AND ADDRESS OF OWNER OF RECORD: Nene cav ..f Ranenr
Address
9. ,NAME AND ADDRESS OF CONTRACT OWNER (if
uCh): a
10. SIGNATURE OF OWNER OR CONTRACT OWNER y' ;ll
11. REPRESENTATIVE OF APPLICANT: Name
(if applicable)
Address
12. ATTACH ANY CONDITIONS PROPOSED
FOR A CONTRACT ZONE REQUEST.
RETURN FORM & DUPLICATE
M PLARVINO
DIVISION.ITY
HALL
Application fee
Prodessina
Advertising
Total
Zone Change (1/2 acre
or lees)
$305.75
$212.00*
$517.75
Zone Change (in excess
of 1/2 acre)
$489.00
$212.00*
$701.00
Contract Zone Change
$733.25
$265.00*
$998.25
*Two Ada Required
PLEASE READ
PROCESSING PROCEDURE ON
REVERSE SIDE
I71I4Jd0J[81dbDJM
DATE: December 13, 1996
TO: Gail Campbell, City Clark
FROM: Planning Division
SUBJECT: Original Copy of Contract Zone Change Agreement -131V Pearl St.
Attached is the original copy of the Contract Zone Change Agreement for
property located at 131V Pearl Street to be filed with C.O. # 96-385.
SK6267 PG1O1
038526
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of November 6, 1996, by the CITY
OF BANGOR, amcipal corporation with a place of business
located at 73 Harlow Street, in Bangor, County of Penobscot,
State of Maine
WITNESSETH:
WHEREAS, City of Bangor is the owner of record of a certain
parcel of land situated in Bangor, County of Penobscot, State of
Maine, said land being located at 131V Pearl Street, and being
identified on City of Bangor Assessor's Map No. 53, as Part of
Lot 190. Reference may be had to a deed recorded in the
Penobscot County Registry of Deeds in Volume 5110, Page 211, for
a more particular description of said land; and
WHEREAS, pursuant to 30-A M.R.S.A. Section 9352 and Chapter
VIII, Article 2, Sec. 6.6 of the Laws and Ordinances of the City
of Bangor, application was
e
made for a contract z change,
so-called,.to reclassifysaid parcel of land (said parcel
hereinafter being referred to as the 'subject premises"7said
parcel comprising a land area of approximately 17,650 sq. ft.,
all as set forth in Exhibit A attached hereto and incorporated
herein by reference, from an Urban Residence 1 District to a
an Urban Residence 2 District under the Land Development Code of
the City of Bangor, said application proffering certain
conditions or restrictions relating to the physical development
and/or operation of the subject premises; and
WHEREAS, subsequent to a public hearing on the matter, and
after due consideration given to the recommendations of the
Planning Board, the Bangor City Council adopted Council Ordinance
96-385, whereby it reclassified the subject premises from an
Urban Residence 1 District to an Urban Residence 2 District under
the Land Development Code of the City of Bangor subject to
certain restrictions and/or conditions, a copy of said Council
Ordinance 96-365 and the restrictions and/or conditions contained
therein being attached hereto as Exhibit B and incorporated
herein by reference.
OK6267 PG 102
NOW THEREFORE, in nsideration of the reclassification of
the subject premises from an Urban Residence 1 District to a
Urban Residence 2 District under the Land Development Code of
the City of Bangor, the City of Bangor agrees as follows:
1. The City of Bangor, its successors and assigns, hereby
covenant and agree that the use, occupancy and/or development of
the subject premises, in addition to other applicable laws,
ordinances, or regulations of the City of Bangor, -shall be
subject to the following restrictions and/or conditions on the
physical development or operation of said property:
A. The number of dwelling units per structure be limited
to one.
B. The gross floor area of each structure be limited to
1,500 square feet.
2. The City of Bangor herebyagrees that the above -stated
restrictions, provisions,
conditions, covenants, and agreements
are made an essential part of this Agreement, shall run with the
subject premises, shall bind the City of Bangor, its successors
and assigns, to or of said property or any part thereof or any
interest therein, and any party in possession or occupancy of
said property or any part thereof, and shall inure to the benefit
of, and be enforceable by, the City of Bangor, by and through its
duly authorized representatives, and the owner or owners of any
abutting parcels of land.
3. The City of Bangor hereby agrees that if it, or any
person claiming under or through it, shall at any time violate or
attempt to violate, or shall omit to perform or observe any one
or more of the foregoing restrictions, provisions, conditions,
covenants, and agreements, the abutting landowner(s) shall have
the following remedies:
a. The owner orowners of parcels of land which abut
the subject premises shall have the right to
institute any and all actions or proceedings,
including the right to enforce all the terms and
provisions of this Agreement by injunction, legal
and equitable actions and all other lawful process
for the enforcement of the same.
The City of Bangor further agrees that the failure of the owner
or owners
of abutting parcels to object to any violation, however
long continued, or to enforce any restrictions, provisions,
conditions, covenants, o agreements contained in this Agreement
shall in no event be deemed a waiver of the right to do so
BK6267 Pc 103
thereafter as to the same breach o violation o s to any breach
or violation occurring prior to or subsequent thereof.
9. The City of Bangor hereby agrees that the provisions of
this Agreement shall remain
n full force and effect until such
time as the same may to modified, amended, repealed, and/or
replaced upon their written agreement. It is expressly
understood that any such change shall be in accordance with the
laws of the State of Maine and the Land Development Code of the
City of Bangor, shall be treated as an amendment to said
Ordinance and shall be processed accordingly.
5. The City of Bangor hereby agrees that nothing in this
Agreement shall be construed so as to preclude the future
exercise of the Bangor City Council's legislative authority
relative to the zoning of the subject premises. In the event
that the zoning of said premises is changed by the City Council,
any use established under the provisions outlined in paragraph 1,
subparagraphs A and e, above, subject to the restrictions,
provisions, conditions, covenants, and agreements contained in
this Agreement, shall be allowed to continue as a nonconformity
r a nonconforming
onforming u whichever the case may be, in accordance
with the provisions of the Land Development Code, as may be in
effect at the time of said zone change, governing the same.
6. The City of Bangor hereby agrees, for itself, its
successors and assigns, to w any and all rights to challenge
the validity of Council Ordinance 96-385 or the terms of this
Agreement.
7. The City of Bangor hereby agrees that if on of the
astrictions, provisions, conditions, Covenants, andagreements,
r portions thereof, contained in this Agreement is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such determination shall not affect
the validity of the remaining portions hereof.
Provided, however, that the City of Bangor hereby further
agrees that in the event any of the contracted provisions
contained in paragraph 1, subparagraphs A and B, above, are
validated or such other provision is invalidated so as to
constitute a material change in the restrictions, provisions,
conditions, covenants, and agreement the City of Bangor or
abutting land owners
shall have the power to seek areversion
and/or change of the zoning of the subject premises tothe zoning
ing
classification or its subsequent designation in effect at the
time of the approval of this contract zone
change. Said
reversion
and/or change may be initiated by a representative of
the City of Bangor or an abutting property owner to the subject
BK6267 PG 104
premises, shall be processed in accordance with the procedure
established for an amendment to the Land Development Code in
effect at the time, and shall be evaluated in accordance with the
criteria established for the review of zone change applications.
It being the intent of the parties hereto that the City of Bangor
shall not be allowed to benefit from the zone
change for the
subject premises in the event that the City of Bangor or abutting
land owners are deprived of the conditions minimizing the
negative externalties of the requested rezoning.
8. Except as expressly modified herein, the use
and
occupancy of the subject premises shall be governed by and comply
with the provisions of the Land Development Code Ordinance of the
City of Bangor and any applicable amendments thereto or
replacement thereof.
IN WITNESS WHEREOF, this Agreement has been executed and
delivered as of the day and year first above written.
Penobscot, ss.
CITY OF BANGOR
BY /
Eawara A. Barrett
Its City Manager
STATE OF MAINE
OuaA&ILG' 1996
Then personally appeared the above-named Edward A. Barrett
and acknowledged the foregoing to be his free act and deed in his
said capacity as City Manager and the free act and deed of said
City of Bangor.
Before me,
Zw
Printed Name:-rer_14`LQV uD�(
Notary Public�e Jia al46
-AttoxnWp-e<-Eaw'
OK6267 PG 105
96-385
EXHIBIT A
OK6267 PG106
96-385
Auipud:o ComwHor Popper September 25, 1996
CITY OF BANGOR
(TITLE,) (Orbrin me Amending Land Development. code...........
Passed 10/16/96
- ---
131VPearl Street --- _..._ CiTIY.41EF1''d.CPFlCE
Be uAIRUECOPYATawlaia.d 6y Ge City CamiwaW of the Cit ofBanow. as fWZowo: OCT 2 $ '596
EBf
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 part of a parcel of land located at 131V Pearl Street
(Tax Hap No. 53, Parcel 190) from Urban Residence District -1 to
Urban Residence (Contract) District -2. Saidparcel containing
approximately 17,650 square feet 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 VIII, Article 2, Section 6.6 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. The number of dwelling unite per structure be
limited to one.
B. The gross floor area of each structure be limited
to 1,500 square feet.
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 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.
EXHIBIT B
SK6267 Pc 107
96-385
1
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PEN;iSC0ss �tECE VEO
1996 6 13 P b 0
Juom�� a
RE818iER
96-385
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K92,77 P®297
SUBSTITUTE COPY
Assigned to CawcJor
CITY OF BANGOR
Passed as Amended
- by Substitution
/App
(TITLE.) VGIbTLIaMp Amending Land Development Code 10-16-96
t N:
302V Hasson Avenuefu
o
SEAL ..... ocT �a .. _...
'£BT
Be B ordained 6V City Conant OfHm City offsox , se folly
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 part of a parcel of land located at 302V Musson
Avenue (Tax Map No. R-91, Part of Parcel 91) from High Density
Residential to Shopping and Personal Service (Contract) District.
Said parcel containing approximately 9.3 acres 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 VIII, Article 2, Section 6.6 of the Ordinances
of the City of Bangor, said change of zone is granted subject to
the following conditions:
1. The use
e and/or operation of the subject premises shall be
subject to thefollowing limitations and/or restrictions:
A. Buildings will be limited to a height of 35 feet
B. Buildings shall be limited to 22,500 sq. ft. of
floor area;
C. Any buildings will conform in architectural
character with the architectural character of Ross
Manor Nursing Home;
D. Maximum impervious surface will be 60 percent;
E. Minimum rear yard - 25 feet;
F. Specimen trees shall be retained to provide a vegetative
buffer from Musson Avenue. Such vegetative buffer shall
EXHIBIT B .
MEMORANDUM
-DATE:. — - December 13, 1996
TO: Gail Campbell, City Clerk
FROM: Planning Division
SUBJECT: Original Copy of Contract Zone Change Agreement - 302V Husson
Avenue
Attached is the original copy of the Contract Zone Change Agreement for
property located at 302V Husson Avenue to be filed wHh C.O. # 96-386(As Amended).
46277 PG290 040315
CONTRACT ZONING AGREEMENT
THIS AGREENENT is made as of /VPt m 672 ✓A- , 1996, by. and between the CITY OF BANGOR, a municipal corporation with a
place of business located at 73 Harlow Street, in Bangor, County
of Penobscot, State of Maine and ROSSCARE, a Maine Corporation
with its principal place of business located in Bangor, County of
Penobscot, State of Maine
WITWRSSETH:
WHEREAS, Rosscare is the owner of record of a certain parcel
of land situated in Bangor, County of Penobscot, State of Maine,
said land being located at 302V Husson Avenue, and being
identified on City of Bangor Assessor's Map No. R-41, as Part of
Parcel 41. Reference may be had to a deed recorded in the
Penobscot County Registry of Deeds in Volume 4954, Page 53, for a
more particular description of said land; and
WHEREAS, pursuant to 30-A M.R.S.A. Section 4352 and Chapter
VIII, .Article 2, Sec. 6.6 of the Laws and Ordinances of the City
of Bangor, application was
made fora contract zone change,
-called, to reclassify said parcel of land (said parcel
hereinafter being referred to as the "subject premises") said
parcel comprising a land area of approximately 4.7 acres, all a
set forth in Exhibit A attached hereto and incorporated herein by
reference, from a High Density Residential District to a Shopping
and Personal Service District under the Land Development Code of
the City of Bangor, said application proffering certain
conditions or restrictions relating to the physical development
and/or operation of the subject premises; and
WHEREAS, subsequent to a public hearing on the matter, and
after due consideration given to the recommendations of the
Planning Board, the Bangor City Council adopted Council Ordinance
96-386(as amended), whereby it reclassified the subject promises
from a High Density Residential District to a Shopping and
Personal Service District under the Land Development Cede of the
City of Bangor subject to certain restrictions and/or conditions,
a copy of said Council Ordinance 96-386 (as amended) and the
restrictions and/or conditions contained therein being attached
hereto as Exhibit B and incorporated herein by reference.
NOW THEREFORE, in consideratidn of the reclassification of
the subject premises from a High Density Residential District to
SK6277 Pc291
a Shopping and Personal Service District under the Land
Development Code of the City of Bangor, the parties hereto agree
as follows:
_ 1. Rosscare, its successors and assigns, hereby covenants
and agrees that the use, occupancy and/or development of the
subject premises, in addition to other applicable laws,
ordinances, or regulations of the City of Bangor, shall be
subject to the following restrictions and/or conditions on the
physical development or operation of said property:
A. Buildings will be limited to a height of 35 feet
B. Buildings shall be limited to 22,500 sq, ft. of
floor area,
C. Any buildings will conform in architectural
character with the architectural character of Ross
Manor Nursing Home;
D. Maximum impervious surface will be 60 percent;
E. Minimum rear yard = 25 feet;
P. Specimen trees shall be retained t0 provide a
vegetative buffer from Musson Avenue. Such vegetative
buffer shall have a depth of 40 feet measured
horizontally from the right-of-way line of Musson
Avenue. Selective cutting of trees within such buffer
area shall be permitted, provided that not more than
forty percent (408) of the volume of trees four (4)
inches or more in diameter, measured 4.5 feet above the
ground level, is cut in any ten (lo) year period.
Volume may be considered to be equivalent to basal
area.
G. Relating specimen trees shall also be retained along
the west lot line of the property to provide a
vegetative buffer from the abutting 'Morningside"
condominium site. Such vegetative buffer shall have a
depth of 20 feet meazured horizontally from the
westerly property line of this parcel except that such
vegetative buffer shall have sr nimum depth of 30 feet
along the westerly property linein areas adjacent to
existing buildings and parking lots located on the
abutting condominium site. Selective cutting within
the buffer area shall be permitted under the same
conditions detailed in Section P., above.
BK6277 PG29'2
H. with regard to activities and operations, there shall
be:
1. No storage activity (except incidental storage);
-- 2. No servicing of motor vehicles;
3. No drive -up windows or drive-in service;
4. No outdoor display of goods;
5. No alcohol served on the premises;
6. No for-profit enclosed recreational activity;
9. No retail sales: and
8. No transient accommodations for compensation.
2. The owner hereby agrees that the above -stated
restrictions, provisions, conditions, covenants, and agreements
are made an essential part of this Agreement, shall run
with the
subject premises, shall bind the owner, its successors and
assigns, to or of said property or any part thereof or any
interest therein, and any party in possession or occupancy of
said property o n
any part thereof, and shall inure the benefit
of, and be enforceable by, the City of Bangor, by and through its
duly authorized representatives, and the owner or owners of any
abutting parcels of land.
3. The Owner hereby agrees that if it, or any person
claiming under or through it, shall at any time violate o
attempt to violate, or shall omit to perform or observe any one
or more of the foregoing restrictions, provisions, conditions,
covenants, and agreements, the City of Bangor and the abutting
landowner(s) shall have the following remedies, which may be
exercised by the City of Bangor either jointly or severally:
a. The City of Bangor shall have the right to
prosecute violations of this Agreement in the same
member that it isauthorized to prosecute
violations under the Land Development Code of the
City of Bangor ineffect at the time of said
violations. For the purposes herein, a violation
of this Agreement shall be deemed sviolation of
said Land Development Code and shall be subject to
the penalty provisions of said Code ineffect at
the time of violation. Each day that aviolation
iolation
s permitted to exist after notification of the
same pursuant to said Code shall constitute a
separate offense.
b. The City of Bangor and/or the owner or owners of
parcels of land which abut the subject premises
shall have the right to institute any and all
actions or proceedings, including the right to
BK6277 PG293
enforce all the terms and provisions of this
Agreement by injunction, legal and equitable
actions and all other lawful process for the
enforcement of the same.
The Owner further agrees that the failure of the City of Bangor
r the owner or owners of abutting parcels to object to any
violation, however long continued, or to enforce any
restrictions, provisions, conditions, covenants, or agreements
contained in this Agreement shall inevent be deemed a waiver
of the right to do so thereafter as to the same breach o
violation or as to any breach or violation occurring prior to or
subsequent thereof.
4. The city of Bangor and the Owner hereby agree that the
provisions of this Agreement shall remain in full force and
effect until such time as the same may be modified, amended,
repealed, and/or replaced upon their written agreement. It i
expressly understood by the parties hereto that any such change
shall be in accordance with the laws of the State of Maine and
the Land Development Code of the City of Bangor, shall be treated
amendmentas an to said Ordinance and shall be processed
accordngly.
S. The parties hereto hereby agree that nothing in this
Agreement shall be construed so as to preclude the future
exercise of the Bangor City Council's legislative authority
relative to the zoning of the subject premises. In the event
that the zoning of said premises is changed by the City Council,
any use established under the provisions outlined in paragraph 1,
subparagraphs A., B., C., D., E., P., G., and H, above, subject
to the restrictions, provisions, conditions, covenants, and
agreements contained in this Agreement, shall be allowed to
continue as
anonconformity o ae
nonconforming v whichever the
case may be, in accordance with the provisions of the Land
Development Code, as may be in effect at the time of said zone
change, governing the same.
6. The parties hereto hereby agree, for themselves, their
successors and assigns, to waive any and all rights to challenge
the validity of Council ordinance 96-386(as amended) or the terms
of this Agreement.
7. The parties hereto hereby agree that if one of the
restrictions, provisions, conditions, covenants, and agreements,
or portions thereof, contained in this Agreement is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such determination shall not affect
the validity of the remaining portions hereof.
BK6277 PG294
Provided, however, that parties hereto hereby further agree
that in the event any of the contracted provisions contained in
paragraph 1, subparagraphs A., B., C., D., A., F., G., and H,
above, are invalidated or such ocher provision is invalidated so
s to constitute a material change in the restrictions,
provisions, conditions, covenants, and agreements negotiated by
and between the parties, the City of Bangor or abutting land
owners shall have the power to seek areversion
and/or change of
the zoning of the subject premises to the z zoning classification
in effect at the time of the approval of this contract zone
change or its subsequent designation. Said reversion and/or
change may be initiated by a representative otheCityof Bangor
or an shutting property owner to the subject premises, shall be
processed in accordance with the procedure established for a
amendment to the Land Development code in effect at the time, and
shall be evaluated in accordance with the criteria established
for the review of zoos change applications. It being the intent
of the parties hereto that the owner shall not be allowed to
benefit from the zone
change for the subject premises in the
enc that the City of Bangor or abutting land owners are
deprived of the conditions negotiated to minimize the negative
externalties of the requested rezoning.
S. Except as expressly modified herein, the u and
occupancy of the subject premises shall be govemedsby and comply
with the provisions of the Land Development Code Ordinance of the
City of Bangor and any applicable amendments thereto or
replacement thereof.
IN WITNESS WHEREGF, this Agreement has been executed and
delivered as of the day and year first above written.
'tA� m Ao,'u BY: Lf -
Witness Keh
eth A. Hews
Its President
CITY OF BANGOR
BY L
ell cress Edward A. Barrett
Its City Manager
STATE OF MAINE
Penobscot, as.,
OX6277 PG295
1996
Then personally appeared the above-named Kenneth A. Hews and
acknowledged the foregoing to be his free act and deed in his
capacity as President and the free act and deed of said
Corporation. ppEWDSOUBOM
Before me, wcOwMTWYYtVJMJs uE9 %NO
16U3 .al& ®..U1.YJb
Printed Name:
Justice of the Peace
Notary Public
Attorney at Law 1/\//�
\ �L)
STATE OF MAINE
Penobscot, as. /U606J AGL1996
Then personally appeared the above-named Edward A. Barrett
and acknowledged the foregoing to be his free act and deed in his
said capacity as City Manager and the free act and deed of said
City of Bangor.
Before me,
Printed Name:7�142t LE�CA/�
NotaryPublic/a/daI96
Attaesey t—La4
OK6277 PG296
M HDR TO S&PS* NC
�'lllllllum�6,..
ol 11:A
Farm
M I
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HDR
j HDR*
EXHIBIT A
S&PS
FGM
have a depth of 40 feet measured horizontally from the
right -o£ -way line of Husson Avenue. Selective cutting of
trees within such buffer area shall be permitted,
provided that not more than forty percent (40%) of the
volume of trees four (4)y nches or more in diameter,
measured 4.5 feet above theground level, is cut in any
ten (10) year period. Volume may be considered to be
equivalent to basal area.
G. Existing specimen trees shall also be retained along the
west lot line of the property to provide a vegetative
buffer from the abutting "Morningside" condominium site.
Such vegetative buffer shall have a depth of 20 feet
measured horizontally from the westerly property line of
this parcel except that such vegetative buffer shall have
a minimum depth of 30 feet along the westerly property
line in areas adjacent to existing buildings and parking
lots located on the abutting condominium site. Selective
cutting within the buffer area shall be permitted under
the same conditions detailed in Section F., above.
H. With regard to activities and operations, there shall be:
1. No storage activity (except incidental storage);
2. No servicing of motor vehicles;
3. No drive -up windows or drive-in service;
4. No outdoor display of goods;
5. NO alcohol served on the premises;
6. No for-profit enclosed recreational activity;
]. No retail sales: and
8. No transient accommodations for compensation.
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 of the City clerk and incorporated
herein by reference. In the event that said agreement is not s
executed within ninety (90) days from the date of passage hereof,
this Ordinance shall become null and void.-
VENOBSCOT. ss RECEIVED
14% NOV 26 A//JJ. 9: 30
�.PIS EE