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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 Vest) I f•'G� f Gn G(mPs�st+Pn�- 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.