HomeMy WebLinkAbout1994-10-12 94-436 ORDINANCEDate October 12, 1994 Item No. 94-436
Item/Subject: Amending Land Development Code - 128-130 Hammond
Street
Responsible Department: Planning Division
For Referral to Planning Board.
Applicant is
requesting a contract zone change from Urban
Service District to Contract Downtown Development District for a
6,425 sq. ft. parcel located at 128-130 Hammond Street.
Waal,&
bapattment Heed
Manager's Comments:
City Manager
Associated Information:0 , r"O J
Finance Director
f
city Solicitor
Introduced For
Passage
First Reading Page 1 of 1
X Referral `k �/�",'-,._-,,, ad
94-436
BK5768 PG273
Auiq:ed to Cwmeitor popper October 12, 1994
CITY OF BANGOR
(TITLE.) (Orbs i Itrt, Amending Land Development Code
street.
Be a ordahud by 61e City Counal of Me City of Beeper. d /bHum:
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 128-130 Hammond Street (Tax
Map No. 42, Parcel 87) from Urban Service District to Contract
Downtown Development District. Said parcelontaining
approximately 6,425 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 VIII, Article 2, Section 6.6 of the Ordinances
of the City of Bangor, said change of sone 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. No alcoholic beverages will be sold on property.
B. Non-residential use limited to 6,200 sq. £t.
2. Execution by those parties withinterest 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
k N CITY COUNCIL _
October 24, 1994
assed
A True Copy, A[[05,
:
—'CITY cteEX
PENOBSCOi SS RECa USD TO DDD
94DEC -6 AH 10;17 CONTRACT
ATTEST
cyw 4u liw
REGISTER
Date October 34, 1994 Item No.
Item/Subject: Amending Land Development Code - 128-130 Hammond
Street - C.O. 4 94-436 .,
Responsible Department: Planning Division
Commentary:
The Planning Board held a public hearing on the above -noted
contract sone change request at its regularly scheduled meeting of
October 18, 1994.
Robert Rally, the applicant, spoke in favor of the proposed change.
No one spoke in opposition.
The Board voted 5 to 0 in favor of a motion to recommend to the
City Council that the contract sone change request contained in
C.O. 4 94-436 be approved. - - I� nn
Department Head
Manager's Commenta,
City Manager
Associated Information,o ww/J/
Finance Director
Legal Approval:
-� pcf�a5'� �Clty cl
Introduced /For
R passage
_ First Reading - Page 1 of 1
Referral
94-436
Awipmdta CmUMCIMPopper October 12, 1994
/pp CITY OF BANGOR
(TITLE.) W9ab..WMg, Amending Land Development Code
128-110_Bammoud.. Streat ............. ........... .__.
B4 it ordaiaW by CWS CouneR of Me CW aBumer, ae Nksou
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 128-130 Hammond Street (Tax
Map No. 42., Parcel 8]) fxom Urban Service District to Contract
Downtown Development District. Said parcelcontaining
approximately 6,425 Sq. ft. and being more particularly lndicated
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 conditionst
1. The use
e and/or operation of the subject premises shall be
subject to thefollowing limitations and/or restrictions:
A. No alcoholic beverages will be sold on property.
B. Non-residential use limited to 6,200sq. ft.
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 Deads 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. -
90-636
OBDINANCE
In City Council October 12, 19% 1 TINE) Amending Lard Development Code
Plrat Readies Referred to Planning
B'c/erd7 128 - 130 Rammnnd 6t
My Z m l�
city cleXm
1
In City Council October 24, 1994 �y
Passed Vote 8 Yes 1 absent
Voting Yes Baldacci, Blencbette,
Conan, .yl, SouSlone,
Sullivan, Tyler,Soucy, cy,Abased CM1ubex[
City Clerk
. s �
I
G&ISD
9a-436
i
� 1
USD TO DDD
CONTRACT
94-436
APPLICATION FOR LAND DEVELOPMENT CODE App MAP AMENDMENT /1/94
TO: THE CITY COUNCIL AND DATE 9 /a9kv
THE PLANNING BOARD OF RANCOR, MAINE: N0.
1. I(NE)C(IrUS C(n k k6jjSjE Al Scrc -f' S
z. of 75 Pwe _rr. �i�h, M 4WL39l z
Address Citj1 r Post Office Telephone
hereby petition to amend the Land Development Code of the City of
Bangor, Mine by reclaseifyiag from IA. S In
district to the 11 '1(111 district for the
Property outlined in red on the maps attached hereto, which are
part of this application, and described as follows: a
3. ADDRESS OF PROPERTY (if any) 1a$—t3n hi A st
Total Area (acres or square feet)
4. PROPERTY LOCATION (General location): Example - South side of
State Street 400 yards. East of Pine Street
S. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No.L&L Parcel 8%
6. EXISTING USE•
7. PROPOSED USE: 1A 47 BpgE ' �t Id
8. NAME AND ADDRESS OF OWNER OF RECORD: Name 5r nA
Address
9. NAME AND ADDRESS OF CONTRACT OWNER (if such):
10. SIGNATURE OF OWNER OR CONTRACT OWNER:
Cnewawl
11. REPRESENTATIVE OF APPLICANT: -Name
(if applicable)
Address
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEAEST $ec
1 d
RETURN FORM & DUPLICATE TO PNNIMG DIVISION, CITY HALL. BANGOR, MB
Application fee Processing Advertising Total
Zone Change (1/2 acre or lees) $289.50 $212.00* $501.50
Zone Change (in excess of 1/2 acre) $463.25 $212.00* $675.25
Contract Zone Change $694.75 $265.00* $959.75
*Two Ads Required
PLEASE READ PROCESSING. PROCEDURE ON REVERSE SIDE
II 96-636
Excerpt From Staff Memorandum for October 18, 1994 Planning Board
Meeting
Item No. 3: Contract Zone Change - 128-130 Hammond Street -
Cyrud Clark House Associates - C.O. i 94-436
a. GENERAL DESCRIPTION. Applicants request a contract sone
change from Urban Service District (USO) to Downtown
Development District (DDD) for a 6,435 sq. ft. parcel
located at 128-130 Hammond Street. The proposed conditions
-
include:
1. No alcoholic beverages will be sold on property;
and
2. Non-residential use limited to 6,200 sq. ft.
b. LAND USE AND ZONING POLICY. The City'sComprehensive Plan
Land Use Concepts Nap indicates that this area is to be
soned for commercial use. The proposed sone change from one
commercial zone t0 another is neither more nor less
consistent with the City's land use policy for this area.
However, the change to DDD is
consistent with the existing
DDD zoning to the south of the property.
C. URBAN SERVICES. The proposed parcel is well within the
Primary Service Area and is served with a full range of
public utilities and. -services.
d. EXISTING CONDITIONS. Currently, there is a 13,500 sq. ft.
- building located on this site. This building has been
vacant for a number of years. The parcel is surrounded by_a
multi -family building to the west, a church to the south, an
office building to the east, and the YMCA across the street
to the north. .The property is. bordered by M b ED to the
west, G k ISD to the south, DDD to the east, and by G 6 ISD
to the north.
e. DECISION CRITERIA. Under Article 2, Section 6.6 (Mandatory
Conditions) any zone change must be consistent with the
Comprehensive Plan; he consistent with the existing uses in
the area and permitted uses in the original zoning district;
and include only conditions and restrictions relating to the
physical development or operation of the property. Staff
feels the proposed zone change is consistent with the City's
Comprehensive Plan. In addition, the uses allowed in the
DDD are consistent with the existing uses in the area and
are consistent with the permitted usesinthe USD. Also,
Staff feels the proposed contract conditions only relate to
the physical development or operation of the property.
Because of this, Staff would recommend that the Planning
Board recommend the proposed contract zone change to the
City Council. .
Y y':lP
y tw m
MEMORANDUM
DATE: May 25, 1995 -
T0: Russ McKenna, City Clerk
FROM: Planning Division
SUBJECT: Original Copy of Contract Zoning Agreement
for 128-130 Hammond Street
Attached is the original copy of the Contract Zoning
Agree ent between the City of Bangor and Cyrus ClarkHouse
Associates. Please file this with C.O. R 94-436.
BK5768 PG267
040491
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of a,NawbB 5 , 1994, by and between the CITY
OF BANGOR, aunicipal corporation with a place of business located at 73
Haxlow Street, in Bangor, County of Penobscot, State of Maine and CYRUS CLARK
HOUSE ASSOCIATES, a Maine Partnership with its principal place of business
being located in Bangor, County of Penobscot, State of Mine
WITNESSETH:
WHEREAS, Cyrus Clark House Associates are the owners of r cord of a
certain parcel of land situated in Bangor, County of Penobscot$ State of
Maine, said land being located at 128-130 Hammond Street, and being
identified on City of Bangor Assessor's Nap No. 42, as Lot 87. Reference may
be had to a deed recorded in the Penobscot County Registry of Deeds in Volume
4991, Page 121, 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 for acontract zone change, so-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
6,425 sq. ft., all as set forth in Exhibit A attached hereto and incorporated
herein by reference, from Urban Service District to Contract Downtown
Development 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 promisee; 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 94-436, whereby it reclassified the
subject premises from Urban Service District to Contract Downtown Development
District under the Land Development Code of the City of Bangor subject to
certain restrictions and/or conditions, a copy of said Council Ordinance
94-436 and the restrictions and/or conditions contained therein being
attached hereto as Exhibit B and incorporated herein by reference.
NOW THEREFORE, in consideration of the reclassification of the subject
premises from Urban Service District to Contract Downtown Development
District under the Land Development Code of the City of Bangor, the parties
hereto agree as follows:
BK5768 PG26$
1. Cyrus Clark House Associates, their successors and assigns, hereby
covenant and agree that the u 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.
No alcoholic beverages shall
be sold
on
property.
B.
Non-residential use shall be
limited
to
6,200 sq.
ft.
2. The Owners hereby agree 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
their 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 Owners hereby agree that if they, or any person claiming under
or through than, shall at any time violate or attempt to violate, or shall
mit to perform or observe any o ore of the foregoing restrictions,
pro conditions, covenants, �and agreements, the City of Bangor and the
abutting
provisions,
shall have the following remedies, which may he
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 s manner that it is
authorized to prosecute violations undertheLand Development
Code of the City of Bangor in effect at the time of said
violations. For the purposes herein, a violation of this
Agreement shall be deemed a violation of said Land Development
Code and shall be subject to the penalty provisions of said
Code in effect at the time of violation. Each day that a
solation is 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 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 Owners further agree that the failure of the City of Bangor or 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 in no event be deemed a
waiver of the right to do so thereafter as to the same breach or violation or
as to any breach or violation occurring prior to or subsequent thereof.
BK5768 PG269
4. The City of Bangor and the Owners hereby agree that the provisions
of this Agreement shall remain in full force and effect until such time a
the same may be modified, amended, repealed, and/or replaced upon their
written agreement. it is expressly understood by the parties hereto that any
such change shall be in accordance with the laws of the State of mine 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 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 legislativeauthority 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 outline in paragraph
1, subparagraphs A. and B., above, subject to the restrictions, provisions,
conditions, covenants, and agreements contained in this Agreement, shall be
allowed to continue as a nonconformity or a nonconforming use, 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 94-436 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.
Provided, however, that parties hereto hereby further agree that in
the event any of the contracted provisions contained in paragraph 1,
subparagraphs A., and B., above, are invalidated or such other provision is
invalidated so as toenstitute material change in the restrictions,
v
pro conditions, covenants, and agreements negotiated by and between
the parties, the City of Bangor or abutting land owners shall have the power
to seek a reversion and/or change of the zoning of the subject premises to
the current zoning classification as may be ineffect at the time of the
processing of any such reversion and/or 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 premises, shall be processed in accordance with
the procedure established for an amendment to the sand Development Code in
affect 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 owner shall not be allowed to benefit from the
zone change for the subject premises in the event that the City of Bangor o
abutting land owners are deprived of the conditions negotiated to minimize
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.
BK5760 PG270
IN WITNESS WHEREOF, this Agreement has been executed and delivered
as of the day and year first above written.
/Tee—_
Witne s
STATE OF MINE
Penobscot, sa.,
CYRUS CLARK HOUSE ASSOCIATES
HY�%A .t /� 0
Robert Kelly �—
Its General Partner
CITY
OF/ B�ANG�OR///!
BY /�LU.(�/KiX ()I
Edward A. Barrett
Its City Xanager
�EgFJ%)Qg2.5 1994
Then personally appeared the above-named Robert Kelly and acknowledged
the foregoing to be his free act and deed and the free act and deed of said
Associates.
Before me, S�y
Printed Name: i
Notary Publics -TERRI LEE CQREy
nsteawey--a4
Fee NWary Pubic, Mata of ida!Ee
my comm. expires ImaKs
BK5768 PG271
STATE OF MAINE
Penobscot, as. AO6C6Mn 62 s, 1994
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, / -
�d.AA / MD
Printed Name:
Notary Public
'"�
TERRI l.tc CORcy
NCWry Pubic: G`13 of M&Ina
MY comma .:®c i2M�Sg
aH5768 PG272 Waft
>
''?&SD
�9
G&ISD
SD
DDD
DDD• /'
USD TO DDD
CONTRACT
EXHIBIT A