HomeMy WebLinkAbout1994-08-08 94-356 ORDINANCEIntroduced For
E) passage
❑First Reading Pagg_ol_
❑Referral '
Date
Aueuat 22, lg94
Item No. 94-356
Amending Land
Development Code - 12V
Hillside Avenue -
Item/SubI C.O. X 94-356
(As Amended)
Bespomiblo Department: Planing
Division
Commentary:
Me Planning Board held a public
besting on the above -noted
contract gone
change request at its regularly
scheduled meeting of August
16, 19%.
Ed Boucher, Executive Director of the Pedobscot Foundation
for Developmental
Services, spoke in favor of the
proposed change.
No ane spoke in opposition.
The Planning Board voted 5 to 0
in favor of a motion to recomnand to the
City Council that the gone orange request contained in
B.C. A 94-356 (As Amended)
be approved.
pepnnrtm//evA
Manager's Comments:
CiryAbxeyvr
Associated Information:
Budget Approval
Fiwnee d'rt[rm
Leggal Approval: �'IdP y(S$ W r�,�F
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to
city sWirieu.
IS Vd IIjM�1�7fldf� �IMA�
V9Jnt1� aC��On
Introduced For
E) passage
❑First Reading Pagg_ol_
❑Referral '
94-356
(AS AMENDED)
Auipma to Councilor
CITY OF BANGOR
(TIRE.) Mr?1h M=, code
IN Hillside Avenue
Be a aMninuf oW City Conaaid of Mw City ofBenlor,
THAT the zoning boundary. linea to lishmi by the Zoning Map
of the City of Bangor dated October 28, 1991, as amended, be
hereby further amended as fellows:
By changing part of a parcel of land located at 12V Hillside
Avenue (Tax Map No. R-41, Parcel No. 22) from High Density
Residential District to. Contract Government and Institutional
Service District. Said part of a parcel of land containing
approximately 2.9 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 and/or operation of the subject premises shall
be subject to the following limitations and/or restrictions:
A. Observe forty (40) foot rear setback.
B. Maintain Type "C" Buffer Yard with Residential
Abutters.
C. Limit Floor Ratio to .4
D. No building erected on the site shall exceed forty (40)
feetin height. _
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 Desda by the property owner,
copy of said agreement being on file in the office of the Cia
y
Clerk and incorporated herein by reference. In the event that
said agreement is not seexecuted within ninety (90) days from
the date of passage hereof, this Ordinance shall become null and
void.
[9ni�/w AL
QUMCII ncil
`August e8,
Date 1994 Iter No. 96-356
Amending 19nd Development Code -
10 Hillside Avenue
ItamlSubjttk '
Responsible Department: Planning Division ..
Commentary:
For Referral to Planning Board.
Applicant is requesting acontrast swrc change
from High Density Residential
District to Govermnent andInstitutionalService District for a portion of
a parcel of land located at 12V Hillside Avenue.
Manager's CComments:1`✓ t k 'l
Awl
/'A h0's
e&
� J
Associated Information:
,Mdi�lr *1,��+1/�✓xn
Budget Approval:
Fiwxn Liwder
Legal APm?val: f mn`WlVdyJ �ccKnnIyK
�1'
S� /�
c'4Iosor
pe,proua s Oprwl?rf
Introduced For s�wunl a9t'irmaif`>.< votes aJI! /�/aiVVOT•
O Passage
Reading Page—of—
First
Nefarral to Planning Board
94-356
Ass'
pbdto Coundor BALDACCI August 8, 1994
CITY OF BANGOR
(TITLE.) MTi1RQtltCCr, Amends, g lana Devel pm t Code,
.......
..............
1N Hillside Avenue
&a erdaked By) 04 CmmsU of EM CRY of Basset. as foYawa:
THAT. the zoning boundary linea az established by the zoning Map
of the City of Bangor dated October 28, 1991, as amended, be
hereby further amended as follows: -
li By changing part of a parcel of land located at 12V Hillside
Avenue (Tax Map No. R-41, Parcel No. 22) from High Density
Residential District to Contract Government and Institutional
service District. Said part of a parcel of land containing
approximately 2.9 acres and being more particularly indicated on
the map attached hereto and made a part hereof.
PROVIDED, HOWBVBR 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. Observe forty (40) foot rear setback.
B. Maintain Type "C" Buffer Yard with Residential
Abutters.
C. Limit Floor Ratio to .4
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 i
the Penobscot County Registry of Deeds by the property owners 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.
94-356 j
IS CITY COUNCIL ORDINANCE
August 8, 1994
First Reading Referred to TITLE,) Amending Land Development Code -
Pla n1ng.Baard
12V Hillside Avenue„
t
CITT EHK` '
IN CITY COUNCIL
August 22, 1994 Ang:ed to
Amended by Substitution f( �),
and Passed #AAf`
Vote: 8 yes, 1 absent Coast I UtID - a
Voting yes: Baldaccl. Blanchette,
Popper,Sbubert, Soucy,Stone.Sullivau,
Tyler.
Councilor absent: Cohen
OSd c.
ITY C ARK
94-356
Auipped to Councior BUMACCI August 8, 1994
CITY OF BANGOR
(111LE,) &DIttA.tt[Pr......... Amending Lena Develop c, cos............
12V Hillside Avenue
Beit ordained by Be CRY CauseB of Ne City afBanpar, ar fdlmer
THAT the zoning boundary lines as established by the Zoning Hap
of the City of Bangor dated October 28, 1991, as amended, he
hereby further amended as follows:
By changing part of a parcel of land located at 12V Hillside
Avenue (Tax Map No. R-41, Parcel No. 22) from High Density
Residential District to Contract Government and Institutional
Service District. Said part of a parcel of land containing
approximately 2.9 acres and being more particularly indicated oft
the map attached hereto and made a part hereof.
PROVIDEDr HOWEVER THAT, in.Addition to the mandatory conditions
imposed by Chapter VIII, Article 2, Section 6.6 of the OrdinanCCS
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. observe forty (40) foot rear setback.
B. Maintain Type 'C" Buffer Yard with Residential
Abutters.
C. Limit Floor Ratio to .4
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 Bleeds by the property ownerr 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 withinninety(90) days from
the date of passage hereofr this Ordinance shall become null and
void.
94-356
]/1/93
APPLICATION FOR LAND DEVELOPMENT C DE AND HAP AMENDMENT
T0: THE CITY COUNCIL AND DATE 7128/94
THE PLANNING BOARD OF BANGOR[ MAINE: NO.
1. I(WE) Penobscot Foundation for Developmental Services
2. of 96 Thirteenth Street Bangor, Maine 941-2892
Address City or Post Office Telephone
hereby petition to amend theLandDevelopment Cede of the City of
Bangor, Maine by reclassifyingfrom
district to the G b I.S.D. district for the
property outlined in red on the sups attached hereto, which are
part of this. application, and described as follows:
13. ADDRESS OF PROPERTY (if any) 12 V Hillside Avenue
Total Area (acres or square feet). 3.93 Acres
127,021 sq.ft. 2.916 acres of 3.93 acres w/boundaries as indicated on
4. PROPERTY LOCATION (General location): Example - South side Of attached
State Street 400 yards. East of Fine Street drawing.
5.. LEGAL DESCRIPTION OF PROPERTY - Assessors Nap No.R41 Parcel 22
6. EXISTING USB: Undeveloped
). PROPOSED USE: Rahatiilitation andemployment services for people with
drsabalIt es
8. NAME AND ADDRESS OF OWNER OF RECORDt Nome Parkway Reality
Address P.D. BOR 479
9.. NAME AND ADDRESS OF CONTRACT OWNER (if such):Penobscot Foundation for
Dave ante gee
30. SIGNATURE OF OWNER OR CONTRACT OWNER:tg-
e va
11. REPRESENTATIVE OF APPLICANT: Name Ed Bunch a. Executive Director
�(if applicable) Penobscot Foundation for Dev. Services
Address P.O. Box 2489, Hanger, ME 04402-2489
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT EONS REQUEST.
RETURN PORN & DUPLICATE TO PLANNING DIVISION CITY HALL. BANGOR, HE.
Application fee'. Processing Advertising Tota
Zone Change (1/2 acre or. leas). $281.75 $200.00* $481.95
Zone Change (in excess of 1/2 acre)- $451.00 $200.00* $651.00
Contract Zone Change $676.25 .$250.00* $926.25
*Two Ade Required-
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDS
94-356
Application for Land Development Code and Map Amendment Contract
Zoning Application for Penobscot -Foundation for Developmental
services.
conditions:
1) Observe forty (40) foot rear setback.
2) Maintain Type "C" Huffer Yard with Residential Abutters.
tree
3) Limit:Wa4X Ratio to .4
Signed:cii
dward Y. B fie xecutfve Director
Penobscot Foundation for Developmental Services
7/1/93
APPLICATION FOR LAND DEVELOPMENT CODE AND MAP ASENDMENT
TO: THE CITY COUNCIL AND DATE 9/28/94
THE PLANNING BOARD. OF BANGOR, MAINE:. NO.
1. I(WB) Penobscot Foundation for Developmental Services
2.- of 96 Thirteenth Street Bangor, Maine 941-2892
Address City or Poet Office Telephone
hereby petition to amend the Land Development Code of the City of
Bangor, Maine by reclassifying from x.D:R.
district to the G s I.S.D. district for the
property outlined in red on the maps attached hereto, which are
part of this application, and described as follows:
3. ADDRESS OF PROPERTY (if any) 12 V Hillside Avenue
Total Area (acres or -square feet) 3.93 ACrea
127,021 sq.ft. 2.916 acres of 3.93 acres w/boundaries as indicated o
4. PROPERTY LOCATION (General location): Example - South aide of attached
State Street 400 yards. East of Pine Street drawing.
5. LEGAL DESCRIPTION OF PROPERTY - Massacre Hap No.R4I Parcel 22
6. EXISTING USE: Undeveloped
7. PROPOSED USE: Rehabilitation and.em to went s a for' eo le with
d1seS tea
S. NAME AND ADDRESS OF OWNER OF RECORD: Name Parkway Reality
Address P.O. Box 479
9. BASE AND ADDRESS OF CONTRACT OWNER (if such) Penobscot Foundation for
neve enta erynce5
10. SIGNATURE OF OWNER OR CONTRACT OWNER:�r a
11. REPRESENTATIVE OF APPLICANT: Name Ed Douches, Executive Director
(if applicable) Penobscot Foundation for Dev. Services
Address P.O. Box 2489, Bangor. ME 04402-2489
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM & DUPLICATE TO PLANNING DIVISION, HALL BANGOR ME.
Application fee Processing Advertising Total
Zone Change (1/2 acre or less) $281.75 -$200.00+ - $481.75
Zone Change (in excess of 1/2 acre)- $451.00 $200.O0s $651.00
Contract Zone Change $676.25 $250.00a $926.25
•Two Ade Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
Application for Land Development Code and Map Amendment Contract
Zoning Application for Penobscot Foundation for Developmental
Services.
Conditions:
1) Observe forty (40) foot rear setback.
2) - Maintain Type "C" Buffer Yard with Residential Abutters.
Beer
3)Limit :9trE_Ratio to .4
Signed
award d. B be necutrve Director
Penobscot Foundationfor Developmental Services
Rxcerpt From Staff Memorandum for August 16, 1994' Planning Board
Meet'na
PUBLIC HEARINGS
Item No. 5i Contract Zone Change - 12V Hillside Avenue -
Penobscot Foundation for Developmental Services
C.O. 8 94-356
a. General Deec ipnion. Applicant requests a contract sone
change from High Tensity Residential District to Government
and Institutional Service District for a vacant lot located
n Hillside Avenue. The total area of the part of the
parcel subject to the zone
change is approximately 2.9
acres. (The remainder of the lot on the south end Of the
parcel containing approximately an acre, is not subject to
the zone change request.) This parcel backs up to a number
of residential lots with frontage on Broadway and i
directly across the street (Hillside Avenue) from several
mall commercial sites. The parcel has been vacant and
zoned for multi -family resident.i.al u with available
utilities since the 1974Zoning Ordinance.
I. Land Use and Zoning Policy. The Planning Board has had the
land use and zoning policy for this area before it several
times i recent weeks. The land use policy for the Broadway
Shopping Center site and the area on the east side of
Hillside Avenue is farrcial" and the land use policy
£or the a north of Grandview Avenue has been for
"institutional" while the area west of Broadway in the
vicinity of Hasson Avenue is proposed for "high density
residential" use. The zoning policy for the immediate block
in which this parcel lies is for High Density Residential;
the area across Hillside Avenue is proposed for Urban
Service District, and the area around both sides of
Grandview Avenue and abutting this parcel is proposed for
Government and Institutional Services.
C. Urban Services. The area
n question is completely serviced
by a full range of urban services and has been for some
time.
d. Existing Conditions. The existing land use in the immediate
area consists of several commercial properties directly
across Hillside Avenue which are zoned, as they are
presently used, for commercial use. The parcel between this
site and Grandview Avenue to the north is owned by the City
and is zoned Park and Open Space (as is the parcel on the
end of the block on the apposite corner of Hillside Avenue
and Grandview Avenue). The High School site north of
Grandview Avenue is
zoned Government and Institutional
Service. Properties to the rear of the site are zoned High
Density Residential with the exception of the recently
granted contract zone change to Government and Institutional
Service. The proposed conditions attached to the contract
zone change request require the maintenance of a larger .ream
yard set back than that required in the Government and
Institutional Sr vice District. of 40 feet; require the
maintenance of a"C" Huffer Yard against all residential
abutters and limit the floor area ratio for the parcel to .4
(where 2.0 As the maximum floor area ratio fortheG 5 ISO).
Recommendation. The basic criteria for establishment of
zoning is that it be consistent with the City's
Comprehensive Plan. This property is immediately adjacent
t0 an area proposed for Covelnment andinstitutional Service
Use and an area proposed for. Government and Institutional
Service zoning (although the immediately abutting parcel has
been and is zoned Park 5 Open Space). The fact that the
site has not been developed for multi-family residential use
over a veher of years .is quite surprising, given the fact
that there are
relatively few smaller parcels. wbich have a
N11 range of services and which have been zoned for multi-
family u recent years. One of the c which w
use in xec there
e
have had in the Planning Office is that there would be d
recommendation to install. some kill of commercial
development on this section of Hillside Avenue, thereby,
extending commercial use into close proximity of the school
site and encroaching upon the City's Park and Open Space
areas (bothinn the i m.ed.i ate area he the hillside Avenue
intersection and he effect
east to the Prentiss Woods site).
This would have the of feat of undermining the residential
p
values on Broadway as wall
is a encroaching g on the open space
and school grounds in this a Staff would g with
the that
the Government and Institutional Service Zoning with the
proposed conditions o protect the immediate properties and
some overall limitation as to the height and bulk of a
buildingwhich Could be built on the site by the reduction
infloor
in floor area ratio, awould
fou be appropriate en this site. The
proposed zoning can be found to area;
consistent with the
of the area Use Policy in the area; the present development
of the a and, with the at the
contract zone
operations and de require that the conditions relate to the
operation and development of this site and not its use.
Staff would recommend that the Planning Board recommend the
contract zone change to the City Council..
'Yl Shy lb r JD
MEMORANDUM
CI �, I '
GL
DATE: May 25, 1995
TO: Rues McKenna, City Clerk
FROM: Planning Division
SUBJECT: Original Copy of Contract Zoning Agreement
for 12 Hillside Avenue
Attached is the original copy of the Contract Zoning
Agreement between the City of Bangor and Penobscot Foundation for
Developmental Services. cIlease I ileF fKls-3tliC.0
KK5744 PG326
036746
CONTRACT ZONING AGREENENT
THIS AGREEMENT is made as of October 27, 1994, 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 PENOBSCOT
FOUNDATION FOR DEVELOPMENTAL SERVICES, a non-profit corporation with a place
of business located in Bangor, County of Bangor, State of Maine
WITNESSETH:
WHEREAS, Penobscot Foundation for Developmental Services is the owner of
cord of a certain parcel of land situated in Bangor, County of Penobscot,
State of Maine, said land being located at 12 Hillside Avenue, and being
identified on City of Bangor Assessor's Map No. R-41, as Part of Lot 22.
Reference may be had to a deed recorded in the Penobscot County Registry of
Deeds in Volume 5734, Page 15, 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 a contract zone change, so-called, tO reclassify
said parcel of land (said parcel hereinafter being referred to as the
"subject promises") said parcel comprising a land area of approximately 2.9
acres, all as set forth in Exhibit A attached hereto and incorporated herein
by reference, from a High Density Residential District to a Contract
Goverment and Institutional Service District under the Land Development Code
of the City of Bangor, said application proffering certain conditions o
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 94-356(as amended), whereby it
reclassified the subject premises from a High Density Residential District to
a Contract Government and Institutional 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 94-356(as amended) 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
promises from a High Density Residential District to a Contract Government
BK5744 P6327
and Institutional Service District under the Land Development Code of the
City of Bangor, the parties hereto agree as follows:
1. Penobscot Foundation for Developmental Services, its successors and
assigns, hereby covenants and agrees that the use,ocupancy 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. Observe forty (40) foot rear setback.
B. Maintain Type "C" Buffer Yard with Residential Abuttors.
C. Limit Floor Ratio to .4
D. No building erected on the site shall exceed forty (40) feet in
height.
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
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 Owner hereby agrees that if it, or any person claiming under o
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.
Bx5744 PG328
The Owner further agrees that the failure of the City of Bangor or the owner
r 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.
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.
S. The parties hereto hereby agree that nothing in this Agreement
shall be construed e 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 Ischangedby the
City Council, any a established under the provisions outline in paragraph
1, subparagraphs A., B., C., and D., 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 ca n may be, i accordance with the provisions of the Land
a
Development Coder smay 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 94-356 (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.
provided, however, that parties hereto hereby further agree that i
the event any of the contracted previsions contained in paragraph In
subparagraphs A., B., C., and D., above,are nvalidated or such other
provision is invalidated so as to constitute amaterial 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 a reversion and/or change of the zoning of the subject
premises to the current zoning classification as may be in effect 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 o
abutting property owner to the subject premises, shall be processed iin
accordance with the procedure established for an amendment to the Land
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
BK5744 P6329
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.
IN WITNESS WHEREOF, this Agreement has been executed and delivered
as of the day and year first above written.
T 5'
Nitneg
Z
Witne s
STATE OF MAINE
Penobscot, as
PENOBSCOT FOUNDATION FOR
DEVELOPMENTAL SERVICES
BY:
Edwe J.=
Its Bancoector
CITY OF B "GOR
BY
Edward A. Barrett
Its City Manager
OCT. eZ 7 , 1994
Then personally appeared
the
above-named Edward S.
Bouchea
and
acknowledged the foregoing to be
his
free act and deed and the
free act
and
deed of said Penobscot Foundation
for
Developmental Services.
Before me,
Printed Name: -fcRAf % Lr Cah2ETf
3aw� - t2�a s(46
Notary Public ^
Bx5744 PG330
STATE OF MAINE
Penobscot, as
OCT. ", 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,
SN
Printed Name:
Notary Public /S�a3�46
AtlOxnep-&Eiiew
BK5744 Pc332
(AS AMENDED)
Is - Asaigned m ceeadim
CITY OF BANGOR
CITY Coubs 1
CIL
& A tl 22, 1994
(TITLE.) MCil[tltt2Ct¢, amenalnE Lena Development CO°°
r
Substitution
... ..... ...... pawed _
cous A[[ F
12V Hillside Avenue
BW 9 w.
THAT the wining bouunnddarryau of �linesf asestabilis ed by the Zoning Map
of the City of Bangor dated October 28, 1991, as amended, be
_hereby further amended as follows:
By changing.part of a parcel of land located at 12V Hillside
Avenue (Tax Map No. R-41, Parcel No. 22) from High Density
Residential District to. Contract Government and Institutional
Service District. Said part of a parcel of land containing
approximately 2.9 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 and/or operation of the subject premises shall
be subject to the following limitations and/or restrictions:
A. Observe forty (40) foot rear setback.
B. Maintain Type `C° Buffer Yard with Residential
Abuttors.
C. Limit Floor Ratio to .4
D. No building erected on the site shall exceed forty (40)
'feet in height.
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 shell become null and
void.
EXHIBIT.B
94-356
BK5744 PG333
]/1/94
APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE July 29, 1994
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1. I(WE) Webber 011 Company
2 of 700 Main Street, Bangor, Maine
Address ICity or Poet Office Telephone
hereby petition Lo amend the Land Development Code of the City of
.Bangor, Maine by reclassifying from Urban Service
district to the Urban Industrial district for the
property outlined in red on the maps attached hereto, which are
part of this application, and described as follows:
3. ADDRESS OF PROPERTY (if any) 725 Main Street and 16 Olive Street
Total Area (acres or square feet) 30,000 s.f.
4. PROPERTY LOCATION (General location): Example - South side of
State Street 400yards. East f Pine Street
Lou 18 West side of Main Street abutting Seguino's Restaurant
Ict 18A Fast side of Olive Street abutting Seguin's Resesrarc p kvrg lot
5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 18 Parcel 18 & 1&1
S. EXISTING USE: Lot 18 3 unit apartment buibUng 171 1pt
7. PROPOSED USE: &V. lot for Webber Oil emloyees w/residential atnrmmu raanc�ai
8. NAME AND ADDRESS OF OWNER OF RECORD: Name O'Brian, M. Femme, M. Patten
Of Lot 18
Applicant is record nrer of Lot INA Address Colorado Springs, CO 80906
9. NAME AND ADDRESS OF CONTRACT OWNER (if h): 4zbber Oil Co anry
10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11
11. REPRESENTATIVE OF APPLICANT: Name
(if applicable)
Address P• O.aeA 14m (Banat, I", M1'4-
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT 20NE REQ ES
RETURN FORM 6 DUPLICATE TO PLANNING. DIVISION. CITY HALL, BANGOR ME.
Application fee Processing Advertising Total
Zone Change (1/2 acre or less) $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
CONDITIONS
Both Lots 18. and 18A will be used as a parking lot,w)Q,
Excerpt From Staff Memorandum for August 16, 1994 Planning Board
Meeting
Item No. : Contract Zone Change - 725 Main Street and 16
0live Street - Webber Oil Company - C.O. N 94-357
a. General Description. Applicant requests a change from Urban
Service District to Urban Industrial District for a parcel
Which extends between Olive Street and Main Street abutting
the Segui s Restaurant site and containing approximately
30,000 sq. ft. The property is presently used (on the Main
Street side) for a three family apartment house and (on the
Olive Street side) for an existing parking lot. Webber Oil
Company proposes to additional area on the site for off-
street parking to benefit their corporate offices on the
other side, of Main Street. Because the site development on
the southside o£. Main Street, where the office and oil tank
farm, etc. are located is zoned Urban Industrial, the
accessory use parking cannot be located in the existing
Urban Service District. (The parking on the Olive Street
side of the side is grandfathered and has been primarily
used for a commercially zoned parcel on the north side of
Olive street.)
b. Land Use and zoning Polio . The land use policy for this
arovi
s for industrial use, which would be consistent with
the zoning request. Also, the zoning policy map indicates
industrial zoning for this area,
o that the request would
s
be consistent with that zoning as well. (The commercial.
oningin this area is primarily in the Olive Street/Main
Street block, which experienced a series of zone changes
from residential to commercial, as residentialproperties
were reused over the years).
C. Urban Services. The area in question is completely a rviced
by a full range of City services and is within the Primary
Service Area.
d. existing Conditions. The existing parcel has a gravel,
parking lot on part of it on the Olive Street side and has a
good deal of undeveloped space as well as the (three family)
multi -family residential property on the Main Street side.
The abutting properties on either side s zoned
commercially (USD) and property to the West is presently
used by Seguino's Restaurant while those On the east as a
multi -family residential structure (on the Olive Street
frontage) and a mixed use, commercial/residential property
n the Main Street frontage. All of the property on the
river side of Main Street is zoned Urban Industry and is so
used. The contract conditions proposed for the parcel would
limit the use to parking and reuse of the existing multi-
family building without its expansion. This would protect
against any possible installation of bottled gas, gas or oil
storage, for example.-
c. jfe-C nendaticn. The proposed zone change is consistent with
the .City's land use policy for this area ason
well its zoning
policy. Out of concern for the mixture of commercial,
multi-family (and further down Olive Street single family)
].eaidential uses in this block, the contract conditions
mit more intensive development of the site. Since the
proposal is consistent with the City's Comprehensive Plan
and since
adequate precautions are taken to negate any
negativeimpacts in the future on the immediately abutting
properties, Staff would recommend that the Planning Board'
recommend this contract zone change to the City Council.