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HomeMy WebLinkAbout1995-12-27 96-67 ORDINANCECOUNCIL ACTIOW Date danuary B. 1996 Item No. 96-67 Item/Subject: Amending Land Development Code - 851 Broadway C.O. 4 96-67 (As Amended) Responsible Department: Planning Division The Planning Board held a public hearing on the above noted contract zone change request at its regularly scheduled meeting of January 2, 1996. P. Andrew Hamilton, Esq., representing the applicant, spoke In favor. Chris Spruce, Station Manager, explained the applicant's needs. Richard Thomas and Malcolm Jones, Broadway property owners, also spoke in support of the application. Marcel Coffin, a Broadway resident, Indicated her support. Norman Craig, a Broadway resident, spoke in opposition. There was a letter from William Magee, a Broadway resident, expressing his opposition to this zone change request. After considerable discussion, the Planning Board amended the contract conditions to delete condition F. and replace it with language from a 1984 contract zone change on Mt. Hope Avenue to restrict use to broadcast related business only." The amended contract zone change was recommended to the Council by a vote of 5 to B. n Dephrtment Head Manager's Couments:�,��/f�� City��M�anagec Associated Information: Finance Director tegai approvei: � 1 i5 /if^'' i1vies / DANK pll/mq¢fvP V*S 6pr elnal 9M pkS54,&C- City Solicitor 96-67 (AS AMENDED) Auigead to Cmmuitor CITY OF BANGOR (TITLE.) (orbiUMUC, Amending,Land Development Code ............... ........ Bs d ordsived 6P w OBY fbtrmtl ofw GW of BasWn az ldWoz: 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 follower By changing a part of a parcel of land located at 861 Broadway (Tax Hap NO. R-41, Part of Parcel 5) from Low Density Residential District to Contract Industry c Service District. Said part of a parcel containing approximately 7 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 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. Buildings will be a maximum height of 35 feet; B. Building expansion shall be limited to 4,000 square feet of floor area; C. Any new buildings will conform in architectural character with the existing buildings architectural character; D. Maximum lot coverage will be. twenty percent (203); N. Maximum impervious surface area will be thirty percent (303); and F. Restrict use to broadcast related business only. 96-67 Amipmd to Cameiior Popper December 27, 1995 CITY OF BANGOR (TITLE.) D1liwhnatc4Amending Land Developme t Code Be R ordained by um CRY O I W W oft o(Banow. as Pumps. 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 861 Broadway (Tax Map No. R-41, Part of Parcel 5) from Low Density Residential District to Contract Industry 6 Service District. Said part of a parcel containing approximately 7 acres and being more particularly indicated on the Map attached hereto and made a part hereof. PROVIDED, HO VRR 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 linitations and/or restrictions; A. Buildings will be a maximum height of 35 feet; B. Building expansion shall be limited to 4,000 square feet of floor area; C. Any new buildings will conform in architectural character with the existing buildings architectural character; D. Maximum lot coverage will be twenty percent (208); E. Maximum impervious surface area will be thirty percent (308); and IN CITY COUNCIL 96-61 ORDINANCE December 21. 1995 First Reading Referred Co Planning Board ( TITS Amending Lend Development Cade - 06l Broadway CIT" CLERK IN CITY 8, NCIL 1996 (®(/, ,.�, p n Council Oo 1996 '�.L�t�W✓1 (�(i Council v ced no conflict for: Councilors Popper, Leen d Frankel llsl.41J �nI Andrew Hamilton,representing attorney, spoke repxeaeno Zone tl»n applicant - The Zone Coryoietfov Motion far passage Motion seconded onded and withdrawn by Councilor Soucy Motion to Amend by Substitution Motion Seconded vote: 9 yes Councilors voting yes: Baldacci. Blanchette, Frankel, Lenn, Popper, Soucy, Sullivua, Tyler 6 Woodcock Motion to Pass AS Amended by Substitution Voce: 1 yes. 2 no $ Councilors voting Yen: Baldacci, 3lanchetce, Frankel, Leen. Popper. Soucy d Woodcock Councilors voting no: Sullivan a Tyler Ordivace - Passed As Amended by Substitution �➢ERS_. C1TY JERK MEMORANDUM DATE: March 1, 1996 TO: Gail Campbell, City Clerk FROM: Planning Dept. SUBJECT: Original Contract Zone Change Agreement- 861 Broadway- The Zone Corporation A ached is the original copy of the Contract Zone Change Agreement between the City of Bangor aM The Zone Corporation. This contract is pan of C . N 9647(As amended). 3K6045 PG026 (103131 CONTRACT ZONING AGREEMENT TRIS AGREENHNT is made as of February 2, 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 Baine and THE ZONE CORPORATION, a Nein corporation with a place of bueiness in Bangor, County of Penobscot, State of Heine WITNESSETH: WHEREAS, The Zone Corporation 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 861 Broadway, and being identified on City of Bangor Assessor's Nap No. R-41, as Part of Parcel 5. Reference may be bad to a deed recorded in the Penobscot County Registry of Deeds in Volume 3462, Page 278, for a more particular description Of Said land; antl 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 a contract 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 7 acres, all as set forth in Exhibit A attached hereto and incorporated herein by reference, from a LOW Density Residential District to a Contract Industry 6 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 96-67 (as amended), whereby it reclassified the subject premises from Low Density Residential District to a Contract Industry 6 Service District under the Land Development Code of the City of Bangor subject to certain restrictions and/or conditions, a Copy of said Council Ordinance 96-67 (as amended) and the restrictions and/or conditionsc ontained therein being attached hereto as Exhibit B and inorporatedherein by reference. NOW THEREFORE, in consideration of the reclassification of the subject premises from a Low Density Residential District to a Contract Industry 6 Service District under the Land Development Code Of the City of Bangor, the parties hereto agree as follows: 1. The Zone Corporation, 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 a maximum height of 35 feet; U6045. PG027 B. Building expansion shall be limited to 4,000 square feet of floor area; C. Any new buildings will conform in architectural character with the existing building's architectural character; D. Maximum lot coverage will be twenty percent (208); E. Maximum impervious surface area will be thirty percent (308); and F. Restrict use to broadcast related business only. 2. The owner hereby agrees that the above -stated restrictions, provisions, conditions, covenants, and agreements are made an essential part of this Agreement, shall can 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 or any part thereof, and shall inure to the benefit of, and beenforceable by, the City of Bangor, by and through its duly authorised 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 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 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 solations of this Agreement in the same manner that it is authorized to prosecute violations under the Land 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 violation 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 Owner further agrees 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. k6045 PG028 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 is 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 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 legislative authority relative to the zoning of the subject promisee. In the event that the zoning of said premises is changed by the City Council, any use established under the previsions outlined in paragraph 1, subparagraphs A., B., C., D., E., and y., above, subject to the astrictions, provisions, conditions, covenants, and agreements contained in this Agreement, shall be allowed to continue as a nonconformity or a nonconformingwhichever 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 96-67 (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 constitutional 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., B., 0., D., E., and y., above, are invalidated or such other provision is invalidated so as to constitute a material change in the astrictions, 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 a reversion and/or change of the zoning of the subject premises to the zoning 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 n abutting property Owner to the subject premises, shall be processed i 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. The intent of the parties hereto is 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 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 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. A6045 PG029 IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. THE EO OIiPONAT'f By: Stephen X. nin Its President CITY OF BANGOR 9 WS sa p ' EyA ward A. Barrett its City manager STATE OF MAINE Penobscot, as., Fgap-VAR"( Z 1996 Then personally appeared the above-named Stephen B. Ring and acknowledged the foregoing to be his. free act and deed and the free act and deed of said Zone Corporation. ®L Before , Ju ice Nemesof ��onexpim MaYe,1396 eace Notary Public Attorney at Law STATE OF NAINE Penobscot, as. FA�&nZezy 2 , 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 Printecr Nam Justice of the Peace Notary Public Attorney at Law g N GT 3x6,045 FG030 GMSD LDR EXHIBIT A LDR TO &S'CONTRACT (SUBSTITUTE COPY) 96-6J (AS AMENDED) Aedpmd to Councilor aa6K�()�5 res[ 31 Li CITY OF BANGOR IN CITY COUNCIL January 8, 1996 Passed As Amended by Sub 1 ution (TITLE.) �/p xD1Ij81ttC1 Amending Iantl Develo(lme t Code Cop%, Attest: P./qc /MJ+—^ CITY CLINK _.. _...._ Bbl.. Broadway. .. ,ie«awn;n.dbd� CftEm"eUof CftotBa ..a.IbUousc SEAL 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 861 Broadway (Tax Map No. R-41, Part of Parcel 5) from Low Density Residential District to Contract industry &.Service District. Said part of a parcel Containing approximately ] acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOw6VER 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 promisee shall be subject to the following limitations and/or restrictions: A. Buildings will be a maximum height of 35 feet; B. ' Building expansion shall be limited to 4,000 square feet of floor area; C. Any new buildings will conform in architectural character with the existing buildings architectural character; D. MAXfmom lot coverage will be twenty percent (308); E. Meximum impervious surface area will be thirty percent (308); and F. Restrict use to broadcast related business only. EXHIBIT B .. . 96-67 AMENDED aK6045 PG032 • 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 belnqon 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. 96-6] MIEN ED aa6045 PG033 G&ISD LDR LDR TO &SICONTRAC�T T. can g6,r __ �ann1ncj LDR y✓ a^ In .fr, Y<Rid a x 1.:3 i� d LDR LDR TO &SICONTRAC�T T. can g6,r __ �ann1ncj 96-6] P. The property will be used only for those uses listed as permitted uses in Article 15, Section 5.3 (Industry and Service District), as such list may be amended from time to time, excluding the uses listed in Article 15, Section 5.3(A) and 5.3(B). 2. execution by those parties with an interest in the affected property of an agreement providing for the inplenentation and enforcement of all the teras 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 fron the date of passage hereof, this ordinance shall become null and void. 96-67 AMIMM 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 needs 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. G&ISD LDR LDR TO 1&SvCONTRACT 96-67 ANDERSEN 7/1/95 APPLICATION FOR LAND DEEVB PM8 CODE AND NAP ANE RENT T0: THE CITY COUNCIL AND DATE )zbyh5- TRE PLANNING BOARD OF NANGOR, NAINES ND. 1 I(WE) The Zone Corporation 2..vf P. 0. Box 1929 Bangor, HE 04402 990-2800 Address City or Post Office - "'-Thedhabelephone d the Land Bangor, petition bytteccl 5 siof�'ngt fMM LS ment. coaiatrictaforcity thef district to the ° property outlines fn red on the maps attached hereto, which are part of this application, and described as follows: 3. 'ADDRESS OF PROPERTY (if any) 861 Broadway Total Area (acres or square fast) nacres - 4. PROPERTY LOCATION (General location): Example - South aide of State Street 400 yards. East of Fine Street North side of Broadway 350 yards vest of Grandview Avenue 11 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Nap No. R41 parcel 5(portion) 6. EXISTING USE: Radio station 7. PROPOSED USE: Radio. Station B. NANE ANO ADDRESS OF OWNER OF RECORD: Name The Zone Corporacion Address 861 Broadway 9. NINE ARD ADDRESS OF CONTRACT OWNER (if /�such) t Same 10. SIGNATURE OF OWNER OR CONTRACT OWNER! ku h) IUs °e^i�T�'r„i� 11. REPRESENTATIVE OF APPLICANT: Name F. Andrew Hamilton, Esq. (if applicable) gatan, ea o y, Motors gu ee Address F 0 Box 1210 Bangor, BE 04402 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT EONS REQUEST. AINM Application fee Pxacessina Advertising Total Zone Change (1/2 acre or less) $297.50 $212.00* $509.50 Zone Change (in excess Of 1/2 acre) $476.00 $212.00* $688.00 Contract Zone Change $713.75 $265.00* $978.75 *Two Ade Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE ACEIVED DEC 1 41995 96-67 AHENM CONTRACT ZONE CHANGE CONDITIONS WZON FACILITY Zone change of a portion of Map R41, Parcel 5 described in Exhibit A: 1. Buildings will be a maximum height of 35 feet; 2. Building expansion shall be limited to 4,000 square feet of floor area; 3. Any new buildings will conform in architectural character with the existing buildings architectural character; 4. Maximum lot coverage will be twenty percent (20%): 5. Maximum impervious surface area will be thirty percent 130%1; and 5. The property will be used only for those uses listed as permitted uses in Article 15, Section 5.3 (Industry and Service District), as such list may be amended from time to time, excluding the uses listed in Article 15, Section 5.31A1 and 5.3(B). 96-6] Excerpt from Staff memorandum for January 2, 1996 Planning Board meeting. Item M. 3, Contract Zone Change - 861 Broadway - The Zone Corporation - C.O. i 96-67. a. General Description. Applicant Bone Corporation requests a change from Low Density Residential to Industry and Service for an area containing approximately ) acres at the site of the present radio station on Broadway between Broadway and the Bangor High School site. The site presently contains a major radio tower and several smaller structures; numerous guy wires anchoring the tower and a small office building which is used by the radio station for its programming and transmission. Properties to the north beyond the Chapin Street right -of -may contain two residential structures; the area immediately west of the sone change is owned by the applicant and is presently Unused and thea to the south between this site and Grandview Avenuehas both single-family and multi -family residential uses in it. Applicant has submitted contract conditions which limit the extent of future building activity n the site and which apply development Standards of the Low - Density Residential District to Industry and Service District proposed use. b. Land Use and zoning Policy. Obviously, the City's Comprehensive Plan (as expressed in both its land use policy and zoning policy for this ea) does not contemplate industrial use in this section of the City or anywhere in the Immediate area of Broadway either cut -of -town or in -town from this location. The Comprehensive Plan calls for an institutional complex comprising the Bangor High site and the Hasson College campus; a high density residential complex in the Hudson Avenue and Grandview Avenue area between Broadway and Eenduskeag Avenue; a comanerclal. complex below School Street along both sides of Broadway to the Interstate and low density residential uses east of Prentiss Woods and north of the High School complex wrapping around to include frontage on Broadway. The more specific zoning policy for the area provides for Government and Institutional Service Zoning for the High School complex and low density residential zoning for the area between the High School and Broadway (including the radio station lot) and on the west side of Broadway opposite this site, as well as further out Broadway (including the Orchard Hills Development). This request is not at all consistent with these policies as spelled out in the Comprehensive Plan. C. Urban Services. The area in question has a complete range of urbanservices and is, thereforo, eligible for urban zoning of some sort. d. existing Conditions. Located in the Broadway corridor, this site (as Well as all of those fronting on Broadway in this 96-67 ea) is exposed to a high level of traffic, as Broadway is a major highway connection to the City from areas further out Route 15. The property in question is surrounded on the north and south by residential uses and the properties directly acrosBroadway from this site are mostly single-family dwellings in keeping with the City's Land Use and Zoning Policy for the area. The High School complex is to the rear of this site and has access from Grandview Avenue and Hobart Street. e. Decision Criteria. The City's Land Development Code reflects State Statutory requirements in its treating of contract zoning (Section 6.6 of Part I of the Land Development Code). The Ordinance requires that while contract zone changes may be granted which allow the City to add conditions to zone changes which may "mitigate potential adverse affects" from such zone changes, these changes must meet the "same standards of consistency with the City's Comprehensive Plan as any other zone change emoted under the provisions of this Ordinance." further, the mandatory condition for contract zoning requir Comprehensive Plan consistency; consistency with existing uses In the area antl permitted uses within the original low density residential district; provide conditions which relate to the "physical development o operation" of the property and -not to its land use.° Also, such conditions must be implemented by an agreement which is signed by the parties and recorded at the Registry of Deeds. The contract conditions proposed for this sone change limit building height to 35 feet; limit any building expansion to 9,000 sq. ft.; require conformity of any new, buildings to the existing architectural character of the present radio station structure; limit maximum lot coverage to 20% of lot area; limit maximum Impervious surface to 30% (.3); and indicate that the property "will be used only for those uses listed as permitted uses in Article 15, Section 5.3 (Industry and Service District), 'excluding the uses listed in Article 15, Section 5.3(A) and 5.3(S).' Those uses excluded are the general manufacturing, compounding, assembly type use, and the truck terminal and distribution center use of the Industry and Service District. The contract conditions appear to limit the extent of building development on the site and make the development standards comparable to those in the present Low Density Residential District with the exception of the last one. The last one is inconsistent (under the requirements of the Ordinance for contract zone conditions quoted above) as it Is a use restriction on the zoning district to be granted. (Those uses left in the Industry and Service District would include radio and television facilities; infornation processing; communication facilities; research and testing facilities of a laboratory nature; administrative offices of manufacturing, retail, banking, public utility, service or research ME corporation; service business limited office use; retail sales which are incidental to the above uses; group day care or nursery school; and day care center.) £. Recommendation. Given that the basic criteria for any zone change under the City's Ordinance (and under State Statutes) is its consistency with the City's land use policy in its Comprehensive Plan, clearly, Staff cannot recos=end the above contract zone change as it is inconsistent with any land use policy or zoning policy for this area. Also, given the history of zoning requests and review of the land use policy and zoning In this section of Broadway in recent years, it appears that the City's Comprehensive Plan is appropriate for this area.