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HomeMy WebLinkAbout1992-12-14 93-54 ORDINANCEIntroduced For 0 Passage ❑Firs[Rudng ��I p9 Pap —of �% Referral �mYT Date Decemberr 7, 1993 Item No. 93-54 Amending Land Development Code - 38 Alden Street hem/Subject: Responsible Department Planning Division Commentary: For Referral to Planning Board. The applicant is proposing to amend a previously approved contract zonechange change for a parcel of land located at 38 Alden Street by changing the zoning from Shopping and Personal Service (Contract) District so to a Neighborhood Service (Contract) District. S �r Depnu nl lluA Manager's Comments: el Ciry Mowgn Aaociatedlnformation: �G Budget Approval: Fiw �D'Mllar Legal Approval: Ctry Solr<her Introduced For 0 Passage ❑Firs[Rudng ��I p9 Pap —of �% Referral �mYT 93-54 Auigned to Councilor Sullivan, December 14, 1992 CITY OF BANGOR (TITLE.) MXilinal=, Mending Lana Development code Beit ordairud by fhe city Coaamil of the City efBanpor, as foiMume THAT the zoning boundary linea as established by the Zoning Map of the City of Banger dated October 28, 1991, as amended, be hereby further amended as follows: By changing a parcel of land located at 38 Alden Street (Tax Map No. 37, Parcel No. 101 from Shopping and Personal Service (Con- tract) District to Neighborhood Service (Contract) District. Said parcel of land containing approximately 8,200 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED HONEVEN THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 6.6, of the Ordinanc- es of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The new and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. No business will be conducted on the premises between the hours from 9:00 p.m. to 7:00 a any day of the eek. No business shall be conducted on the premises for more than twelve (12) hours per day. B. No products or advertisements shall be displayed in the windows, and no demonstration or display of products shall be permitted outside of the existing structure. C. The use of the property shall be limited to a business r professional office, including but not limited to the administrative/business office of a nonprofit, fraternal organisation. 93=54 ORDINANCE IN CITY COUNCIL I TIIl$) Are, dine Land Develoument Cade December 14, 1992 - Received Cst reading 38 Alden Street Referred o Appropriate Committee../ C eBx Aeeigud to IN CITY COUNCIL December 28, 1992 if Bg f/1/,fytyrl Passed by the fallowing yes G4uC i2mn and no votes. Councilors voting Yes: Blanchette, Bragg, Cohen, Pranhal, Sa#, Shubert, Soucy and Sullivan. Councilor Std. abae CIT LBBB 93-54 D. No parking of motor vehicles shall be permitted on the premises, except for one (1) handicap parking space. Parking spaces for a maximum of nine (9) motor vehicles may be maintained on an adjoining parcel to the west. E. Access to the existing structure on the premises shall be limited to the doorway located on the westerly side of the structure, except that a ramp and doorway on the easterly side of the structure may be need as access by handicapped persons. Said handicapped paint Of access shall be property marked. P. The existing structure on the premises and any alterations thereof shall be maintained and constructed so as to retain a residential character of appearance. To that end, there shall be no alteration of the exterior of the existing building which results in a v material change in the appearance of its overall Proportions of facade through such changes as significant alteration of the roof or save lines. 0. The square footage of the existing structure on the premises shall not be increased. N. All signs on the premises shall not exceed an aggregate of 100 square feet. 2. Execution by those parties with an interest in the af- fected 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, copy of said agreement being an file in the office of the city Clerk and incorporated herein by reference. in the event that said agree - rent is not so executed within ninety (90) days from the date of Passage hereof, this Ordinance shall become null and void. ` 9J -s4 1 - s&Ps L®� - -i 11VTE'f,SrarE 9g CONTRACT CONTRACTTONSD 93-54 APPLICATION LAND DE MLOPBENT CODEAND Map A TO: THE CITY COUNCIL AND DATE November 25, 1992 THE PLANNING BOARD OF BANGOR, MAINEt NO. 1. I(NE) Enylronmen¢al Investments, a Maine SOrporation 2. of 38 Alden Street Bangor, Maine 04401 - 945-6300 Adtlree8 Cfty or Poet Office V Telephone hereby petition to amend the Land Development Code of the Cit of r Bango, Maine by reclassifying from S&PS contract y district to the S&PS Contract- district for the Property outlined an setl on themaps attached hereto, which are part of this -application, and described as follows 3. ADDRESS OF PROPERTY (if any) 38 Alden Street Total Area (acres or square feet) 8.200 +/- sauare feet ;4.� PROPERTY LOCATION (General. location) t Example.- Soath side of State Street 400 yards. East of Pine Street ' - Corner of Alden Street and North French Street S. LEGAL DESCRIPTION OF PROPERTY - A89eseer's Map Na. 37 pargsll101 Demonstration Site/Sales Office For 6. EXISTING OSE, Environmental Products and Services 7. PROPOSED USE, Business or Professional Office B. NAME AND ADDRESS OF OWNER OF RECONS, Name Eniironmenael Invantments Ju en sireet Address Bangor, Maine 04401 9. NAME Atm ADDRESS OF COMTM T OWNER (if such), N/A 10. SIGNATOR$ OF OWNER OR CONTRACT ONNERI yarQme . 11. REPRESENTATIVE OF APPLICANTt Name Thomas . Russell, Esquire (if applicable) P. W. sox Address Bangor, Maine 04402-0702 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT. SONE REQUEST. NEEPOEM FONM & DUPLICAM_2� ADolication fee Pmceeeina. Advertising Total Sone Change (1/2 ease or lase) $273.50 $200.00• $473.50 Sone Change (in Barnes of 1/2 _acre) $437.75 $200.00• $656.75 Contract Zone Change $656.50 $250.00* $906.50 .. *TWO MR Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 93-34 PROPOSED CONTRACT ZONING CDINIITIONS The applicant proposes that the premises be subject to the following restrictions and/or conditions on the physical development or operation of the some: 'a. No business will be conducted on the premises between the hours from 9:00 p.m. to 7:00 a.m. on any day of the week. No business shall be conducted on the premises for more than twelve (12) hours per day. b. No products or advertisements shell be displayed in the windows, and no demonstration or display of products shall be permitted outside of the existing structure. C. The use of the property shall be limited to a business o professional office, including but not limited to the administrative/business office of a nonprofit, fraternal organization. d. No parking of motor vehicles -shall be permitted on the promisee, except for one (1) handicap parking apace. Parking spaces for a maximum of, nine (9) motor vehicles may be maintained on an adjoining parcel to the west.!. e. Access to the existing structure on the promisee shall be limited to the doorway located on the westerly side of the structure, except that a ramp and doorway on the easterly side of the structure may be used as access by handicapped persons. Said handicapped point of access shall be properly marked. f. The existing structure on the premises and any alterations thereof shall be maintained and constructed so as to retain a residential character of appearance. Tothat end, there shall be no alteration of the exterior of the existing building which results in a material change in the appearance of its overall proportions of facade through such changes as significant alteration of the roof or save lines. g. The square footage of the existing Structure on the premises shall not be increased. h. All signs on the premises shall not exceed an aggregate of 100 square feet. punco ti c3L 53_S7 Data Deceember 199E. Item No. Amending Lana Development Code - 39 Alden street - L.D. p 93-54 ItamlSubject Responsible Department: Planning Commentary: The Planning Board at its regularly scheduled meeting of December 15, 1993 held a public hearing on the above -noted contract zone change request. Thomas Russell, Esq., representing the applicants, spoke in favor of the proposed change and discussed the ,proposed contract conditions. William Hanson, Esq., represented the Potential buyers of the property (The Blue Knights) and also spoke in favor. No one spoke in apposition. The Planning Board voted 5 to 0 in favor of a notion to recommend to the City council that the contract zone change request contained in C.O. p 93-54 be approved. Department Used Manager's Comments: - - eryam,+.xe. Associated information:OO j ,ma~7! Budget Approval: Finance Dvee Legal Approval: 7— Chy5oli..to Introduced For Passage ❑ First Reading par .__ of _ ED Referral ' 93-54 BK5255 Pc097 Aeugnedto Couneilor Sullivan, December 14, 1992 CITY OF BANGOR (TITLE,) (OrbiA2RTCBr Amending Land Develoament Code„ ._.... --38 Ald n Street ___„ Be ordabead by Nw Cfeq Council of bid Cfev OfBMUNT,Ar NIOUM: - TEAT the zoning ing boundary linea a established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby .further amended as follows: By changing a parcel of land located at 38 Alden Street (Tax Map No. 37, Parcel No. 101 from Shopping and Personal Service (Con- tract) District to Neighborhood Service (Contract) District. Said parcel of land containing approximately 8,200 sq. ft- and being more Particularly indicated on the map attached hereto and made a part hereof. _ PROVIDED HOWEVER THAT, inaddition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 606, of the Ordinanc- es 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 business will be conducted on the premises between the hours from 9:00 p.m. to 7:00 a any day of the eek. No business shall be conducted on the premises for more than twelve (12) hours per day. B. No products or advertisements. shall be displayed in the windows, and no demonstration or display of products shall be permitted outside of the existing structure. C. The use of the propertyshallbe limited to a. business r professional office, including but not limited to the administrative/business office of a nonprofit, fraternal organisation. - IN CD[Y COUNCIL EXHIBIT B. December 28,.19Y2, BD8 8 1992B3s d At eff .. CI'jYvCLBRR L: ' 9d -5d BK5255 PG098 D. No parking Of motor vehicles shall be permitted on the premises, except for one (1) handicap parking space. Parking spaces for axr mum of nine (9) motor vehicles may be maintained. on a adjoiningparcel to the west. E. Access to the existing structure on the premises shall be limited to the doorway located on the westerly aide of the structure, except that a ramp and doorway on the easterly side of the structure may be used a s by handicapped persons. Said handicapped point n of access shall be property marked. F. The existing structure on the premises andany- alterations thereof shall -be maintained and constructed so as nstructed4 to retain a -residential character of appearance. To that end,there shall be no alteration of the exterior of the existing building which results in a v material change in the appearance of its overall 'proportions of facade through. such changes as significant alteration of the roof or save lines. G. The square footage of the existing structure on the premises shall, not be increased. H. All signs on the premises shall not exceed an aggregate of loo square feet. 2. Execution by those parties with an interest in the af- fected 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 RegistryofDeeds by the property owner, copy of said agreement being on file in the office of the City Clerk and incorporated herein by reference. In the 'event that said agree- ment is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. 93-54 jj` 1 1 ir S&PS - - -1 LDIR _ _1 INTERSTATE 9s %%%///i CONTRAC TO NSD CONTRACI PEN09SCOT, ss RECO 93 JAN 22 AM 9: 30 AREST- C.rcarn Mun.¢ 4w.._ Bi5255 PG090 001894 CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of January AI, 1993, by andbetween 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 Environ- mental Investments, a Maine corporation with its principal place of busi- ness being located at Bangor, County of Penobscot, State of Maine WITNESSETE: WHEREAS, Environmental Investments is the owner of record of a certain parcel of land situated in Bangor, Comfy of Penobscot, State of Maine, said land being located at 38 Alden Street, and being identified on City of Bangor Assessor's Map No. 37, as Lot 101. Reference may be had t0 a deed from Lincoln Construction, Inc. to Interstate Real Estate recorded in the Penobscot County Registry of Deeds in Volume 3902, Page 231, for a more particular description of said land, which land is identified as "Parcel One" in said deed. Reference may also be had to a Certificate of Merger of the Secretary of State for the State of Maine dated May 16, 1991, recorded in said Registry of Deeds in volume 4841, Page 144, which document certifies that certain Maine corporations, including Interstate Real Estate, were merged into Environmental Investments,effective April 24, 1991; and WHEREAS, pursuant to 30-A M.R.S.A. Section 4352 (8) and Chapter VIII, Article 2, Sec. 6.6 of the Laws and Ordinances of the City of Bangor, application was made for a contract zone change, so-called, to reclassify said parcel of land (said parcel hereinafter being referred to as the "subject premises") said parcel comprising a land area of approximately 8,200 sq. it., all as set forth in Exhibit A attached hereto and incorporated herein by reference, from a Shopping and Personal Service (Contract) Zone to a Neighborhood Service (Contract) Zone under the Zoning Ordinance 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 93-54, whereby it reclassi- fied the subject premises from Shopping and Personal Service (Contract) Zona to Neighborhood Service (Contract) Zone under the Zoning Ordinance of the City of Bangor subject to certain restrictions and/or conditions, a copy of said Council Ordinance 93-54 and the restrictions and/or condi- tions contained therein being attached hereto as Exhibit B and incorporat- ed herein by reference. aK5255 Pc09I NOW THEREFORE, in consideration of the reclassification of the subject premises from a Shopping and Personal Service (Contract) Zone to a Neigh- borhood Service (contract) zone under the Zoning Ordinance of the City of Bangor, the parties hereto agree as follows: 1. The prior Contract Zoning Agreement for the subject property, by and between the City of Bangor and Christopher and Emily Wetherell, dated January -- 1980, - recorded on February 17, 1987 in the Penobscot County Registry of Deeds in Volume 3975, Page 70 is hereby declared null and void, and of no further legal effect. 2. Environmental Investments, its successors and assigns, hereby covenants and agrees that the use, occupancy and/or development of the subject premises, in addition to other applicable laws, ordinances, or regulations of the City of Bangor, shall be subject to the following re- strictions and/or conditions on the physical development or operation of said property: A. No business will be conducted on the premises between the hours from 9:00 P.m. and 7:00 a.m. on any day of the week. No busi- ness shall be conducted on the premises for more than twelve (12) hours per day. B. No products or advertisements shall be displayed in the windows, and no demonstration or display of products shall be permitted outside of the existing structure. C. The see of the Property shall be limited to a business or profes- sionaloffice, including but not limited to the administra- tive/business office of a nonprofit, fraternal organization. D. No parking of motor vehicles shall be permitted on the premiaea, rept for one (1) handicap parking space. Parking spaces for a maximum of nine (9) motor vehicles may be maintained on an adjoin- ing parcel to the west. E. Access to the existing structure on the premises shall be limited to the doorway located on the westerly side of the structure, except that a ramp and doorway on the easterly side of the struc- ture may be used as access by handicapped persona. Said handi- capped point of access shall be properly marked. F. The existing structure an the premises and any alterations there- of shall be maintained and constructed so as to retain a residen- tial character of appearance. To that end, there shall be no alteration of the exterior of the existing building which results in a material change in the appearance of its overall proportions or facade through such changes as significant alteration of the roof or save lines. 0. Thesquare footage of theexistingstructure on the premises shall not be increased. aK5255 PG092 B. All signs on the premises shall not exceed an aggregate of 100 square feet. 3. The Owner hereby agrees that the above -stated restrictions, provi- sions, conditions, covenants, and agreements are made an essential part of this Agreement, shall run with the subject premises, shall bind the own- ers, their successors and assigns, to or of said property or any part thereof or any interest therein, and any party in possession or occupancy of said property or any part thereof, and shall inure to the benefit of, and be enforceable by, the City of Bangor, by and through its duly autho- rised representatives, and the owner or owners of any abutting parcels of land. 4. The Owner hereby agrees that if it, or any person Claiming under r 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 viola- tions of this Agreement in the same manner that it is autho- rized to prosecute violations under the Zoning ordinance of the City of Bangor in effect at the time of said viola- tions. For the purposes herein, a violation of this Agree- ment shall be deemed a violation of said Zoning Ordinance and shall be subject to the penalty provisions of said Ordi- nance in effect at the time of violation. Each day that a violation is permitted to exist after notification of the same pursuant to said Ordinance 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 Agree- ment by injunction, legal Bud equitable actions and all other lawful process for the enforcement of the same. The owner further agrees that the failure of the City of Bangor or the owner or owners of abutting parcels to object to any violation, however long continued, or to enforce any restrictions, provisions, conditions; covenants, or agreementa 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 subsequent thereof. 5. The City of Bangor and the Owner hereby agree that the provision. 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 e in accordance with the laws of the state of Maine and the Zoning Ordinance of the city of Bangor, shall be treated as an amendment to said Ordinance and shall be processed accordingly. BK5255 PG093 6. 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 outline in para- graph 2, subparagraphs A., B., C., D., B., F., G., and B., above, subject to the restrictions, provisions, conditions, covenants, and agreements contained in this Agreement, shall be allowed to continue as a nonconformi- ty or a nonconforming use, whichever the c se may be, in accordance with the provisions of the Zoning Ordinance, as may be in effect at the time of said zone change, governing the same. y. The parties hereto hereby agree, for themselves, their successors and assigns, to waive any and all rights to challenge the validity of Council Ordinance 93-54 or the terms of this Agreement. B. 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 unconatitu- tional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such determina- tion shall not affect the validity of the remaining portions hereof. Provided, however, that parties hereto hereby further agree that n the event any of the contracted Provisions contained in paragraph 2, subparagrapha A., B., C., D., E., F., G., and B., above, are invalidated r such other provision is invalidated so as to constitute a material change in the restrictions, provisions, conditions, covenants, and agree- ments negotiated by and between the parties, the City of Bangor or abut- ting 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 a may be in effect at the time of the processing of any such reversion s and/or change. Said reversion and/or change may he initiated by a repre- sentative of the City of Bangor or an babutting property owner to the au- ject premises, shall be processed inaccordance with the procedure estab- lished for an amendment to the Zoning Ordinance in affect at the time, and shall be evaluated in accordance with the criteria established for the review of zone change applications. It being the intent of the parties hereto that the owner shall not be allowed to benefit from the zone change for the subject premises in the event that the City of Bangor or abutting land owners are deprived of the conditions negotiated to minimize the negative ezternalties of the requested rezoning. 9. Except as expressly modified herein, the use and occupancy of the subject premises shall be governed by and comply with the provisions of the Zoning Ordinance of the City of Bangor and any applicable amendments thereto or replacement thereof. ax5255 PG094 IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. W1tnGaa 4 _: • Y�. _/.,.._ J STATE OF MAINE Penobscot, as.. ENVIRONMENTAL INVESTMENTS BY 'S -CL Q 1 tsll Emrly �etherall Its Treasurer CITY OF BANGOR BY_ l EdWard A.A. Barrett Its City Manager 1993 Then personally appeared the above-named Badly Wetherell and acknowl- edged the foregoing to be her free act and deed in her said capacity and the free act and deed of said corporation. Before me, a m !O Frintedsame: .^n d, e� Not8tyYpbi3 Attorney At Law BK5255 PGQ95 STATE OF MAIiE Penobscot, as. S[LN.uwu/oO/, 1993 Then Personally appeared the above-named Edward A. Barrett and acknowl- edged 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, Printed Was .lnetite-of-the'-PeaiT Notary Public "Attorney-at-hmr TERRI LEE COREY NO1ar/ Rabtic, &WO Of Maine My comm. exgirea 12WRO x15255 PG116 r _ L- — - - - -I i LD cT - jNrERS rA rE 95 ® S&PS CONTRACT TO NSD CONTRACT DATE: July 27, 1993 TO: Russ McKenna, City Clerk PROM: Lynn Johnson, Planning Secretary SUBJECT: Original Copy of Contract Zone Change Agreement - C.O. Y 93-54 Attached is the Original Copy of the Contract Zone Change Agreement between the City of Bangor and Environmental Investments for property located at 38 Alden Street. Please keep this on file with C.O. Y 93-54. L.P.J. 93 -SG Androdl to Councilor l' CITY OF BANGOR (TITLE.) Mrilin tt , ......._ -.U. -ending - .U.. d g Lane.D.ei I pme .t.C.ode. ....._.._...­- 39 ....__....... Alden Street .............. Be it oniginOr 6y the City Cousea of W City ofBanper, As IbUeum: THAT the zoning boundary linea as established by the losing Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing a parcel of land located at 18 Alden Street (Tax Map No. 37, Parcel No. 101 from Shopping. and Personal Service (Con-• tract) District to Neighborhood Service (Contract) District. Said parcel of land containing approximately 8,200 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED HOWEVER THAT, in addition to the mandatary conditions imposed by Chapter VIII, Article 2, Section 6.6, of the Ordinanc- es 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 fallowing limitations and/or restrictions: A. No business will be conducted on the premises between the hours from 9:00 p.m. to 7:00 a.m. on any day of the week. No business shall be conducted on the premises for more than twelve (12) hours per day. B. No products or advertisements shall be displayed in the windows, and no demonstration Or display of products shall be Permitted outside of the existing structure. C. The use ofthe property shall be limited to a business r professional office, including but not limited to the administrative/business office of a nonprofit, fraternal organization. D. No parking of motor vehicles shall be Permitted on the premises, except for one (1) handicap parking apace. Parking spaces for a maximum of nine (9) motor vehicles may be maintained on an adjoiningparcel to the west. R. Access to the existing structure on the premises shall be limited to the doorway located an the westerly side of the structure, except that a ramp and doorway on the easterly side of the structure may be used as access by handicapped persona. Said handicapped point of access shall be Property marked. F. The existing structure an the premises and any alterations thereof shall be maintained and constructed so as to retain a residential character of appearance. To that end, there shalt be no alteration of the exterior of the existing building which results in a material change in the appearance of its overall proportions of facade through such changes as significant alteration of the reef or save lines. 0. The square footageof the existing structure on the premises shall not be increased. i4 T R. All signs on the premises shall not exceed an aggregate of 100 square feet. 2. Execution by those parties with an interest in the af- fected 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 agree- ment is not so executed within ninety (90)days from the date of Passage hereof, this Ordinance shall became null and void. S&PS i LDIR - - ir cT - -i 111tTERS.1,arE 95 UPLICATION FOR LAND DEVE 0 MENT Cope AND NAP AMENDMENT TOS THE CITY COUNCIL AND DATB November 25, 1992 THE PLANNING BOARD OF BANGOR, HAINE$ NO. 1. I(NE) Environmenzol Investments, a Maine corporation 2. of 38 Alden Street Bangor, Maine 04401 945-6300 Adtlrese City or Poet Office - Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from SOPS Contract district to the Saps Contract - district for the Property outllnetlin red on the maps attached hereto, which are part of this, application, and described as follower 3. ADDRESS OF PROPERTY (if Any) 38 Alden Street Total Area (acres or square feet) 8.200 +/- square feet 4.,, PROPERTY LOCATION(Generallocation): Example - South side of State Street 400 yards. East of Pirie Street' Corner Of Alden Street and North French Street 5. LEGAL DESCRIPTION OP PAOPBRTY - Assessors Nap No. 37 pgrtel 101 6. EXISTING USE: Envirotnmental ProductseandfServices 7. PROPOSED USEi Business or'Professional Office 8.: NAME AND ADDRESS OF OWNER, OF RECORD: Name En3iro:mentel Invsutments 38 Alden street Address Bangor, Maine 04401 9. NAME AND ADDRESS.. OF CONTRACT OWNER (if such)$ N/A 10. SIGNATURE. OF OWNER OR CONTRACT ONNZRi Pana Yvroc 'll. RRPRESENTATIVE OF APPLICANT$ Mame- Thomas Russell, . Esquire w'o (if applicable) P. 0. Box 102 - _ Address Bangor, Maine 04402-0702 12. ATTACH ANY CONDITIONS PROPOSED POR A COATNACT. ZONE REQUEST. RETURN FONM D P • o ^b agIN WGUR, ME. A li i f PIOcessiDn Advertising Total Zone Change (1/2 acre or less) $273.50 $200.00* $473.50 Zone Change (in OXCO88 of 1/2:acre) $437.75 $200.00* $656.75 Contract Zone Change $656.50 $250.00* $906.50 *Tw Ada Required - PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE PROPOSED CONTPACT ZONING CONDITIONS The applicant proposes that the premises be subject to the following restrictions and/or conditions on the physical development or operation of the same: a. No business will be conducted on the premises between the hours from 9:00 p.m, to 7:00 a.m. on any day of the week. No business shall be conducted on the premises for more than twelve (12) hours per day. b. No products or advertisements shall be displayed in the wlndows, and no demonstration or display of products shall be permitted outside of the existing structure. C. The use of the property shall be limited to a business or professional office, includingbut not limited to the administrative/business office of a nonprofit, fraternal organization. d. No parking of motor vehicles shall be permitted on the premises, except for one (1) handicap parking space. Parking spaces for a maxim= of. nine (9) motor vehic s my be maintained on an adjoining parcel to the west.',; e. Access to the existing structure on the premises shall be limited to the doorway located on the westerly side of the structure, except that a ramp and doorway on the easterly side of the structure may be used as access by handicapped persons. Said handicapped point of access shall be properly marked. f. The existing structure on the premises and any alterations thereof shall be maintained and constructed so as to retain a residential character of appearance. To that end, there shall be no alteration of the exterior of the existing building which results in a material change in the appearance of its overall proportions of facade through such changes as significant alteration of the roof or save linea. g. The square footage of the existing structure on the premises shall not be increased. h. All Signa on the premises shall not exceed an aggregate Of 100 square feet. - 9UjiLjSMEARJff9 Item No. 2: Amending Land Development Code - 38 Alden Street - Environmental Investments a. General Description. Applicant requests a contract zone change for an 8,200 sq. ft. parcel of land located at 38 Alden Street from acontract Shopping and Personal Service District (S E PS) to contract Neighborhood Service District (NAD). (See attached conditions.) 2. Land Use and Zoning Policy. This property borders along two conflicting types of uses. There are commercial uses along the Broadway corridor and Alden Street and low density resi- dential uses along North French Street. The property to the north and east of the site is zoned LDR. The property to the west is zoned S b Pe andinterstate 95 runs along the south side. The Comprehensive Plan's ZoningPolicy and Land Use Concepts naps indicate that this area should be reserved for law density residential uses. C. Existing Conditions. In December of 1986, this parcel re- ceived ved a change to a contract C-2. The use of the parcel was zone to "a demonstration site and sales office for home environmental products." The site is currently being used as a retail air clearing and purifying equipment sales operation by the Clear Air Corporation. d. Urban Services. This site is completely served by a full range of urban services. e. Decision Criteria. Under Article 2, Section 6.6, the "man- datory conditions" for a contract zone require: that the Proposed zoning must be consistent with the city's Comprehen- sive Plan; that the proposed zone change must be consistent with existing uses in the area and permitted uses within the original zoningdistrict; and must set physical restrictions n the development and operation of the property. The con- tract NSD is not consistent with low density residential zoning proposed in the City's Comprehensive Plan. However, the proposed NSD office use is leas intensive and is more appropriate for a residential aes then the current S 6 PS retail use. The proposed use is consistent with the commer- cial uses along the Broadway corridor and Alden Street but not with the residential uses along North French Street. However, the applicant proposes a number of conditions to help mitigate any impacts. The proposed office use e is consis- tent with the uses permitted in the existing A 6IN zoning district. The prior zone change agreement had conditions to limit the and to restore the existing residential structures as too 'enhance property values and create a more aesthetic effect in the neighborhood." However, there was condi- tion which limited the size of the any signage and the appli- cant put up approximately 100 sq. ft. of illuminated sig- nage. The applicant, having a retail use, felt it needed a large sign so that it would have exposure on I-95. These large illuminating signs are not in keeping with residential character of the neighborhood. The applicant now proposes a condition to limit the signage t0 what is currently existing (100 sq. ft.). Staff feels that 100 sq. ft. of signage is far too excessive and that a 2 ft. nameplate isadequate for the proposed administrative office use. Staff met with the applicant's agent and offered a compromise of 50 sq. Et. The applicant's agent indicated that the applicant wanted to be able to reuse the existing signage. Staff feels that this type of signage is notappropriatefor the neighborhood and that with this change of use, this is an excellent oppor- tunity to reduce the signage tosomething more in keeping with the residential character. E. Recommendation. Staff feels that the proposed contract zone change meetsmandatory conditions" under Article 2, Section 6.6. However, Staff has concerns regarding the applicant's condition h. (All signs on the premises shall not exceed a aggregate Of 100 square feet). Staff feels that 100 sq. ft. is excessive and not in keeping with the residential charac- ter of the area. Staff would recommended this contract zone s change, provided that condition h. i ended to reduce the signage to something in keeping with the residential charac- ter of the area.