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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