HomeMy WebLinkAbout1994-08-08 94-357 ORDINANCEWorsen Aman
Date August 22 lneG _ Item No. 94-357
Item/Subjamo Amending Lana Development Code - 725 Main Street card 16 Olive
Street - C.O. Y 94-357 (As "ended)
Responsible Department: Plaaming Division
Commentary:
The Planning Board at its regularly scheduled-meeti� or Auguet 16, 1994, -held
a public hearing on the above -noted contract Eone change request.
Edmond Bearor, Eeq..,._ representing the applicant, spoke in favor of the proposed
zone change request. No one spoke in opposition.
The Planning Board voted -5 to 0 infavoi -of a motion to reco®end to the City
Council that the zona change request contained in -C:0'. R 94-357 (As Amended)
be approved.
moor
Manager's Cameroon:
ey mzorr
Associated Information:
Budget Approval:
y - ar;ea,.eare.m.
Legal Approval: rine VC4(5 will `e/v'��
3D/PIN/��Ss® - Nd k. t}w4 a., cursdKnw
a e [Q e i5 re,70!ed Q 7rd L fun aoin rid ac Pen
Introduced For
®pmsage
El First Heading _ papo�of
rl Fnferral
Mean"
Date August
8 1994 Item N,9.4-957
Amending Lend Development
Code - 725 Mein Street and 16 Olive
Item/Subject] Street
Responsible Department•plunniug Diviaton --
Commentary:
For Referral to Pleming Board.
Applicant is requesting a contract
sees dhnnge for two parcels (725 Main Street
and 16 Clive Street ) from Urban Service District to Urban Industry District.
Masage(s Comments:
A� c,,,
Associated Informmian:
Budget ApProvel:
Fixanee Diretlor
Approval: �n15 i M WI��
yr6�VlN lli
4legpal
,1i rsfI�ve�J Vp�C5 P fiono/
/�"�
e5-w5C/ Og//r-iwjN enrsaLeiru.
Introduced For
O panage " page � of
❑ First Reading
M Referral to Blurring Hoard
94-357
(9S 9MEIJDAO)
Aeeigned to cmo . I...
CITY OF BANGOR
(TITLE.) 01bilIM C¢t Amending land DeIvelopsont code
725 Main Street and 16 Olive Street
Beit ordained by W City CowuU of Me Oily of Easier. as fWaus.
—THAT the zoning boundary linea 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 parcels of land located at 725 Main Street and 16
Olive Street (Tax Map No. 18, Parcel NOS. 18 and 18A) from Urban
Service District to Contract Urban industry District. Said
Parcels Of land containing approximately 30.,000 sq. ft. and being.
more particularly indicated on the map attached hereto and made a
Part hereof.
PROVIDED, HOWEVER THAT, in addition to the mandatory conditions
imposed by Chapter VIII, Article 2, Section 6.6 of the Ordinances
of the City Of Bangor, said change of 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. No new structures other than a parking lot will be
Constructed on-site.
B. The floor area of the existing building shall not be
expanded.
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 shall become null and
void.
94-35]
Ae®p,ed y, f:osntiio. SHOBERT eeVst 8,1994
:w< CITY OF BANGOR
(flTLE.) MdYM M Am_rding rand Development c ea.....
725 Main Street and 16 Olive Street
__. _._...... ........_. ._...... ..... ...............
Brderdatedbydw Cit ay mft CitafBassit, aafounmv
—THAT the zoning boundary linea 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 parcels of land located at 725 Main Street and 16
Olive Street (Tax Map No. 18, Parcel Nos. 18 and 18A) from Urban
Service District to Contract urban Industry District.- Said
parcels of land containing approximately 30,000 sq. ft. and being
more particularly indicated on the map attached hereto and made a
part hereof. -
PROVIDED, HOWEVER THAT, in addition to the mandatory conditions
imposed by Chapter vire, 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. Both Lots 18 and 18A will be used as a parking lot,
while retaining existing multi -family dwelling on Lot
18.
2. Execution by those parties with aninterest 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 owner, a
copy of said agreement being on file in the office of the City
Clerk and incorporated herein by reference. In the event that
said agreement is not so executed within ninety (90) days from
the date of passage hereof, this Ordinance shall become null and
void.
IN. CITY COUNCIL \y;3
August 8, 1994
First Reading Referred to
Planning Boe[d. '
c
CI LLm
IN CITY COUNCIL.
-
August 22, 1994
Amended by Substitution and
PassVoteed
8 yes, I absent -
Voting Yea: Baldacci, Blanchette,
Popper, Shubert, Soucy, Stone,
Sullivan, Tyle[.
Councilor Absent: Cohen
CLERK
94-35)
ORDINANCE
( TITLE,) Amending Land Development Code
725 Main Street and 16 Olive Street.
Assigned to
IX Ilaan
94-357
7/1/94
APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT
T0: THE CITY COUNCIL AND DATE July 29, 1996
THE PLANNING BOARD OF BANGOR, MAINE:- NO.
1. I(WE) Webber Oil Company
2. of 700 Main Street, Bangor, Maine
Address City or Post Office Telephone
.hereby petition to 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 (i£ 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 400 yards. East of Pine Street
Wt 18 Wsat side of Main Street abutting Seguino's Restaurant
int 18A East side of olive Street abutting Seguino'a Restaurant pa k cg lot
5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 18 Pame118 & 18A
6. EXISTING USE: Lot 18 3y t apsrtnvm building io[ l�rki.,m lot
7. PROPOSED USE:-EM.
SE:parddng lot for Webber 011 enpleyees w/residential attactue raamlan
S. NAME AND ADDRESS OF OWNER OF RECORD: Name O'Brien, M. Emmma, M. Patten
of Let 18
Applicant is record ager of lot INA Address Colorado SPrirms, W 50906
9. NAME AND ADDRESS OF CONTRACT OWNER (if such): dabber Oil
30. SIGNATURE OF OWNER OR CONTRACT OWNER:`` _ L t%
11. REPRESENTATIVE OF APPLICANT: Name
of applicable)
Address
12.. ATTACH ANY CONDITIONS PROPOSED FOR ACONTRACT ZONE REQ EST. ('
E R CAT TO PLANNIN .DIV CI NALL BAN OR
Application fee - Processing Advertising Total
Zone. Change (1/2 acre or lees) $289.50 $212.00* $501.50
Zone Change (in excess of 1/2 acre) $463.25$212.00+ $675.25
.Contract Zone Change $694.75" $265.00• $959.75
*Two Ade Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
94-35]
CONDITIONS
Both note 18 and 18A will be used as a parking lot, VA,�t
Jim 26 I'�:(�j
Mffi40RANDDM
DATE: May 25, 1995
TO: Russ MCRenna, City Clerk
FROM: Planning Division
SUBJECT:. Original Copy of Contract Zoning Agreement
for 16 Olive Street and 725 Main Street
Attached is the original copy of the Contract Zoning
Agreement between the City of Bangor and Webber 011 Company and
Michael S. Patten at als. Please file this. with`C.O. %.94-357.
: ,:BK5734 PGO52
034909
CONTRACT ZZONING AGREEMENT
THIS AGREEMENT is made as of polo -7- , 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 WEBBER
OIL COMPANY, a Maine Corporation with a place of business located in Bangor,
County of Penobscot, State of Maine AND by and between the CITY OF BANGOR AND
MICHAEL S. PATTEN, MICHAEL EMMONS AND JOSEPH R. O'BRIEN, Tenants in Common of
725 Main Street, in Bangor, County of Penobscot, State of Maine.
WITNESSETH:
WHEREAS, Webber Oil Company 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 16 Olive Street, and being identified on City of Bangor
Assessor's Map No. 18, as Lot IRA. Reference may be had to a deed recorded
n the Penobscot County Registry of Deeds in volume 3780, Page 244 for a more
Particular description of said land; and
WHEREAS, Michael S. Patten, Michael Rumbas and Joseph R. O'Brien are the
owners of record, as tenants in common, of a certain parcel of land situated
n Bangor, County of Penobscot, State of Maine, said land being located at _
725 Main Street, and being identified on City of Bangor Assessor's Map No.
18, as Lot 18. Reference may be had to deeds recorded in the Penobscot
County Registry of Deeds in Volume 4349, Page 345 (Patten and Emmons) and
Volume 4260, Page 294 (O'Brien) for a more particular description of said
land; and
WHEREAS, pursuant to 3D -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
parcels of land (said parcels hereinafter being referred to as the "subject
premises') said parcels comprising a land area of approximately 30,000 sq.
£t., all as set forth in Exhibit A attached hereto and incorporated herein by
reference, from an Urban Service District to a Contract Urban Industrial
District under the "no 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 94-357 (a$ amended), whereby it
reclassified the subject premises from an Urban Service District to a
3X5734 PG053
Contract Urban Industry District under the Land Development Code of the City
of Bangor subject to certain restrictions and/or conditions, a copy of said
Council Ordinance 94-357 (as ended) and the restrictions and/or Conditions
contained therein being attached hereto as Exhibit B and incorporated herein
by reference.
NOW THEREFORE, in consideration of the reclassification of the subject
premises from an Urban Service District to a Contract Urban Industry District
under the Land Development Code of the City of Bangor, the parties hereto
agree as follows:
1. Webber Oil Company, its successors and assigns, and Michael S.
Patten, Michael Emmons, and Joseph R. O'Brien, their successors and assigns
hereby covenant and agree that the use, occupancy and/or developmental the
subject premises, in addition to other erapplicable lawn, ordinances, or
regulations of the City of Bangor, shall be subject to the following
astrictions and/or conditions on the physical development or operation of
said property:
A. No new structures other than a parking lot will be constructed on-
site.
B. The floor area of the existing building shall not be expanded.
2. The owners hereby agree that the above -stated restrictions,
provisions, conditions, covenants, and agreements a made anessential part
of this Agreement, shall run with the subject premises, shall bind the
owners, their successors and assigns, to or of said property or any part
thereof or any interest therein, and any party inpossession or occupancy of
n
said property or any part thereof, and shall i e to the benefit of, and be
enforceable by, the City of Bangor, by andthrough its duly authorized
representatives, and the owner or owners of any abutting parcels of land.
3. The Owners hereby agree that if they, or .any person claiming under
or through them, 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
solations. 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.
BK5734 PG054
b. The City of Bangor and/or the owner or owners of parcels of
land which abut the subject premises shall have the right to
institute any and all actions or proceedings, including the
right to enforce all the terms and provisions of this
Agreement by injunction, legal and equitable actions and all
other lawful process for the enforcement of the same.
The Owners further agree that the failure of the City of Bangor or the owner
or owners of abutting parcels to object to any violation, however long
continued, or to enforce any restrictions, provisions, conditions, covenants,
r 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 Owners hereby agree that the provisions
of this Agreement shall remain in full force and effect until such time as
the a may be modified, ended, repealed, and/or replaced upon their
written agreement. It is expressly understood by the parties hereto that any
such change shall be inaccordance 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
premises. in the event that the zoning of said premises is changed by the
City Council, any use established under the provisions outlined in paragraph
1, subparagraphs A., and B., above, subject to the restrictions, provisions,
conditions, cants, and agreements contained in this Agreement, shall be
allowed to continue as a nonconformity or a nonconforming use, whichever the
case may be, in accordance with the provisions of the Land Development Cade,
as may be in effect at the time of said sone 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 94-357 (as amended) or the terms of this Agreement.
7. The parties hereto hereby agree that if one of the
restrictions, provisions, conditions, covenants,
ants, and agreements, or portions
thereof, contained in this Agreement isfor 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. and B., above, are invalidated or such other provision is
validated so as to constitute a material 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 or an abutting
BK5734 FG055
property owner to the subject premises, shall be processed in accordance with
the procedure established for an amendment to the Land Development Code i
affect at the time, and shall be evaluated in accordance with the criteria
established for the review of zone change applications. It being the intent
of the parties hereto that the owner shall not be allowed to benefit from the
zone change for the subject premises in the event that the City of Bangor o
abutting land owners are deprived of the conditions negotiated to minimize
the negative externalties of the requested rezoning.
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 Cade Ordinance of the City of Bangor add 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.
Witness
WEBBER OIL COMPANY
BY:
Its:i
Print d fame: Tnnny k H1nGnwcy
Michael S. Patten
Michael famous
Joseph R. O'Brien
CITY OF BANGOR
BY
► /
Ed A. Barrett
Its City Manager
QK5734 Pc056
STATE OF MAINE
Penobscot, as.,
Da76aa 41 , 1994
Then personally appeared the above-named
4n,dy
K /MAAA"'y
and
acknowledged the foregoing to be his/hes free
act and
deed and the
free act
and deed of said Webber Oil Company.
STATE OF
as.,
Before me,
Printed N Name:
Notary Public
M -M]
Then personally appeared the above-named Michael S. Patten and
acknowledged the foregoing to be his free act and deed.
Before me,
Printed Name:
Justice of the Peace
Notary Public
Attorney at Law
3X5734 PG057
property owner to the subject premises, shall be processed in accordance with
the procedure established for an amendment to the Land Development Code in
affect atthetime, and shall be evaluated in accordance with the criteria
established for the review of zone change applications. It being the intent
of the parties hereto that the owner shall not be allowed to benefit from the
zone change for the subject premises in the event that the City of Bangor or
abutting land owners are deprived of the conditions negotiated to minimise
the negative externalties of the requested rezoning.
8. Except as expressly modified herein, the use and occupancy of
the subject premises shall be governed by and comply with the provisions of
the Land Development Coda 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.
WEBBER OIL COMPANY
BY:
Its:
Printed Name:
Michael Emmons
Witness Joseph R. O'Brien
CITY OF BANGOR
BY:
Edward A. Barrett
Its City Manager
ak5734 PG058
STATE OF MAINE
Penobscot, as.,
, 1994
Then personally appeared the above-named and
acknowledged the foregoing to be hie/her free act and deed and the free act
and deed of said Webber Oil Company.
Before me,
Printed Name:
Justice of the Peace
Notary Public
Attorney at Law
STATE OF //1A559C//GSfT/S
A5 MKV41RC- as., i'i 1994
.Then personally appeared the above-named Michael S. Patten and
acknowledged the foregoing to be his free act and deed.
Before me,
Px ted Name:
$4LA 9 H. < —prll
Jcst'ce of the
Peace
otaxye ua
1Law
A y
,5 -
My
J1M
0�
BK5734 Pc059
property owner to the subject premises, shall be processed in accordance with
the procedure established for a amendment to the Land Development Code i
affect at the time, and shall be ealuated in accordance with the criteria
established for the review of zone change applications. It being the intent
of the parties hereto that the Owner shall not be allowed to benefit from the
zone change for the subject premises in the event that the City of Bangor o
abutting land Owners are deprived of the conditions negotiated to minimize
the negative externalties of the requested rezoning.
8. Except as expressly modified herein, the use and occupancy of
the subject premises shall be governed by and comply with the provisions of
the Land Development Code Ordinance Of the City of Bangor and any applicable
amendments thereto or replacement thereof.
IN WITNESS WHEREOF, this Agreement has been executed and delivered
as of the day and year first above written.
Witness
Witness
WEBBER OIL COMPANY
BY:
Name
Michael S. Patten
1�OA/ 1
��v
Joseph R. O'Brien
CITY OF BANGOR
BY:
Edward A. Barrett
Its City Manager
B6734 Pc060
STATE OFA hu"fls, OA£e/ 4
ss., , 1994
Then personally appeared the above-named Michael Emmons and acknowledged
the foregoing to be his free act and dead.
Before me,oiji �
£�qn
�s6gE.�
ea Nm a Y
Ju 'ce o the/ye ce b
Nota lic �iR,j L
Attorney at Law
STATE OF
es.,
, 1994
Then personally appeared
the
above-named
Joseph R.
O'Brien and
acknowledged the foregoing to be
his
free act and
deed.
Before me,
Printed Name:
Justice of the Peace
Notary Public
Attorney at Law
Bk5734 PGO61
property owner to the subject premises, shall be processed in 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 promises in the event that the City of Bangor o
abutting land owners are deprived of the conditions negotiated to minimize
the negative externalties of the requested rezoning.
8. Except as expressly modified herein, the use and occupancy of
the subject promises 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.
WEBBER OIL COMPANY
BY:
Its:
Printed Name:
Michael S. Patten
Witness Michael Emmons
Witness Soaep O'Brre
CITY OF BANGOR
BY
Edward A. Barrett
Its City Manager
96734 PG062
STATE OF
ss.,
1994
Then personally appeared the above-named Michael Emmons and acknowledged
the foregoing to be his free act and deed.
Before me,
Printed Name:
Justice of the Peace
Notary Public
Attorney at Law
STATE OF & INc a
a., (!,eac(o 5or Ce a ado Sye+ b as 1994
Then personally appeared the above-named Joseph R. O'Brien and
acknowledged the foregoing to be his free act and deed.
Before me,
U
JusticeoNotary e b the Peace
8b07
STATE OF MAINE
Penobscot, as.
BK5734 Pc063
Qau��- , 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,
rinted Name6r,§
e
Attorney at Law ��u�
94-359
(AS AMENDED) .
Aeeigned to Councilor
CITY OF BANGOR
IN CITY COUNCIL
August 22, 1994
Amended by Substitution
(TITLE.) (MhUllit0t Aeandng Land Development cod _ _ and e a
ear.
d•nt
nFr, 4
CITY cum
925E,E,e1,n. 6e 1. t and 16 Olivestreet
:a6.
Beit ordaitW 6y W Ci1P CwseH of W CW s/Mag9ai. as (lbws:
-THAT the zoning boundary linea as established by the Zoning Map
Of the City of Bangor dated October 28, 1991, as amended, be
hereby further amended as followed
By changing parcels of land located at 725 Main Street and 16
Olive Street (Tax Map No. 18, Parcel Nos. 18 and SSA) from Urban
Service District to Contract Urban Industry District.- Said
parcels of land containing approximately 30,000 sq. ft. and being.
more particularly indicated on the map attached hereto and made a
part hereof..
PROVIDED, HOWEVER THAT, in addition to the mandator}' conditions
imposed by Chapter VIII, Article 2, Section 6.6 of the Ordinances
of the City of Bangor, said change of sone is granted subject to
the following conditions,
1. The use and/or operation of the subject premises shall
be subject to the following limitations and/or restrictions:
- A. No new structures other than a parking lot will be
constructed on-site.
B. The floor area of the existing building shall not be
expanded.
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
get 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 ft=
the date of passage hereof, this Ordinance shall become null and
void.
PENOBSCOT, SS REC'0
94 OCT -7 PM 4 06 EXHIBIT.B
fAT��T��EST�:
-4'--Aeuro
REGISTER 'Iebh