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HomeMy WebLinkAbout1993-04-26 93-235 ORDINANCEData May 24` 1993 Hama No. Imm/$ubjaC Mending Land Development Code - 2141 Broadway - C.O. % 93-235 (As Amended) Responsible Dapartmenc Planning Division Commentary: The Planning Board held a public bearing on the above -noted contract zone change request at its meeting of May 18, 1993. Reverend Glenn Rice, representing the applicant, spoke in favor of the proposed change and discussed the proposed contract conditions. No one spoke in opposition to the request. After considerable discussion as to the proposed contract conditions, it was moved and s m seconded to end the conditions in C.D. A 93-235. The Planning Board, by a vote of 5 to 0, approved a motion to recommend to the City Council that the contract.zone change request contained in C.O. d 93-235 (As Amended) be approved. Afleala i. manayari Cumnnmta: nn ,/l „p_y,_ �4�1�NA�a 3y SuBS0707IJO W Ciy Maxegn AMOciamd InforrjNy/Y0�0' Boiling Approwd: banner Devour Legal Approval://�(,i5 ifrm fe�alrrs )pv R 1/Ma (y[ Yo�S Ar ylnn( ®a SSasf.. cysMirirar Iptro�sPagmsadg, ❑Ping Reading _ PaP—of_ E:1 Referral Per it ordairxd by the City Council of CRY o/Baewr. as /dine' 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 a portion of a parcel of land located at 2141 Broadway (Tax Map No. R-20, Parcel No. y) from Rural Residence and Agricultural District to Government and Institutional Service (Contract) District. Said parcel of land containing approximately 6.0 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED HOMEVER THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 6.6, of the Ordinanc- es the City of Bangor, said change of sone 1s granted subject to the following conditions: 1. The use and/or operation of the subject Premises shall be subject tothe following limitations and/or restrictions: A. Additional floor area on the site shall not exceed 5,200 square feet. B. Said addition to be used only for church use to add a sanctuary, meeting roams, office space, and resteoems. C. The area to be rezoned shall be limited to six acres. D. The new addition and existing use ust be supported by on-site water and sewer. 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 a r executed within ninety (90) days from the date of passage hereof,this Ordinance shall become null and void. EXHIBIT 8 BK5339 Ec326 93-255 (AS AMENDED) ' Aoipmd [a Councilor CITY OF BANGOR IN IN CITY COUNCIL OWMAL 24, 1993 (TITLE.)@iainnttre2 /p_yJ-�,_- Amend g L d Development Code Pa d as Amende __ .......... .A,Troe,Copy,-AttesL d•1)Ig�rws, 2141 Broadway ................ cixY cLeuc.... Per it ordairxd by the City Council of CRY o/Baewr. as /dine' 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 a portion of a parcel of land located at 2141 Broadway (Tax Map No. R-20, Parcel No. y) from Rural Residence and Agricultural District to Government and Institutional Service (Contract) District. Said parcel of land containing approximately 6.0 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED HOMEVER THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 6.6, of the Ordinanc- es the City of Bangor, said change of sone 1s granted subject to the following conditions: 1. The use and/or operation of the subject Premises shall be subject tothe following limitations and/or restrictions: A. Additional floor area on the site shall not exceed 5,200 square feet. B. Said addition to be used only for church use to add a sanctuary, meeting roams, office space, and resteoems. C. The area to be rezoned shall be limited to six acres. D. The new addition and existing use ust be supported by on-site water and sewer. 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 a r executed within ninety (90) days from the date of passage hereof,this Ordinance shall become null and void. EXHIBIT 8 5339 PG320 .)1;3Gu9 CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of June 3 , 1993, 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 ADVENT CHRISTIAN CHURCH OF BANGOR, a Maine Corporation with its principal place of business being located at 2141 Broadway, in Bangor, County of Penobscot, State of Maine WITNESSETH: WHEREAS, Advent Christian Church of Bangor 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 2141 Broadway, and being a portion of a lot being identified on City of Bangor Assessor's Map No. R-20, as Lot 7. Reference may be had to a deed recorded in the Penobscot County Registry of Deeds in Volume 4521 Page 280 , 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 so 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 six acres, all as set forth in Exhibit A attached hereto and incorporated herein by reference, from a Rural Residence and Agricultural District to a Government and Institutional Service District under the Land Development Code of the City of Bangor, said application proffering certain conditions or restrictions relating to the physical development and/or operation of the subject premises; and WHEREAS, subsequent to a public hearing on the matter, and after due consideration given to .the recommendations of the Planning Board, the Bangor City Counciladopted Council Ordinance 93-235 (asaended), whereby it reclassified the subject premises from Rural Residence and Agricultural District to 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 93-235 (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 premises from Rural Residence and Agricultural District to Government and Institutional service District under the Land Development Code of the City of Bangor, the parties hereto agree as follows: 1. Advent Christian Church of Bangor, its successors ue sons and assigns, hereby covenant and agree that the use, occupancy and/or development of the ax5339 PG32I ! subject premises, in addition to other applicable laws, ordinances, or regulations of the City of Bangor, shall be subject to the fallowing astrictions and/or conditions on the physical development or operation of said property: A. Additional floor area on the site shall not exceed 5,200 square feet. B. Said addition to be used only for church use to add a sanctuary, meeting rooms, office space, and restrooms. C. The area to be rezoned shall be limited to six acres. D. The new addition and existing use must be supported by on-site water and sewer. 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 ow , their successors and assigns, to or of said property oranythereof 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 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 Bangoreitherjointly orseverally: a. The City of Bangor shall have the right to prosecute violations of this Agreement in the same manner that itis authorized to prosecute solations under the Land Development Code of the City of Bangor ineffect 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 aviolation 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 BK5339 PG322 actions or proceedings, including the right to enforce all the terms and provisions of this Agreement by injunction, legal and equitable actions and all other lawful process for the enforcement of the same. The Owner further agrees that the failure of the city of Bangor r the owner or owners of abutting parcels to object to any violation, howeverlong continued, or to enforce any restrictions, provisions, conditions, covenants, or agreements contained in this Agreement shall inoevent be deemed a waiver of the right to do so thereafter astothe same breach o violation or s 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 i 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 accoamendmentas to said Ordinance and shall be processed rdgly. 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 Boning of said premises is changed by the city council, any use 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 case may be, in accordance with the provisions of the Land Development Code, as may be in effect at the time of said zone change, governing the same. B. The parties hereto hereby agree, for themselves, their successors and assigns, to waive any and all rights to challenge the validity of Council Ordinance 93-235 (as amended) or the terms of this Agreement. q. The parties hereto hereby agree that if onof the astrictions, provisions, conditions, covenants, and agreements, r 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. 3x5339 P6323 Provided, however, that parties hereto hereby further agree that in the event any of the contracted provisions contained in paragraph 1, subparagraphs A., B., C., and D., above, are invalidated or such other provision is invalidated 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 ree ion and/or change. said r and/or change may be initiated by a representative of the City of Bangor or an abutting property owner to the subject premises, shall be processed in accordance with the procedure established for a 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 n benefit from the z change for the subject premises in the ant that the City of Bangor or abutting land owners are deprived of the conditions negotiated to minimize the negative externalties of the requested rezoning. S. Except as expressly modified herein, the use and occupancy of the subject premises shall be governed by and comply with the provisions of the Land Development Code Ordinance of the City of Bangor and any applicable amendments thereto or replacement thereof. IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. ADVENT CHRISTIAN CHURCH OF BANGOR By: ��s�s�/�% Withess Gla M. Rine Its President 8K5339 PG324 CITY OF BANGOR BY a Edward A. Barrett Its City Manager STATE OF MAINE Penobscot, as., 1993 Then personally appeared the above-named Glenn M. Rice and acknowledged the foregoing to be his free act and deed and the free act and deed of said corporation. Before me, - P nted Name: Notary Public R4keeaeY-al—Aaw'" '"i dsaiiRA. user bPfiY W RS INEB�. nneNvnl �Stweewna$Iro7 STATE OF MAINE Penobscot, as. TMJ 3 , 1993 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, Printed Name: TMRI `Lee %:oa Notary YtnrPeaee' Not aPublic at.....,e... aAa 379A 3K5339 �c325 CONTRACT RR&A RR&A EXHIBIT P RR&A EXHIBIT P RR&A TO CONTRACT RR'1A ;r N c - - —RR&A -- -- - RR'1A ;r N c 93-235 APPLICATION FOR U D DEVELOPRENT CODS AND MP MEEBONX TOO THE CITY COUNCIL AND PATE a (i 36. 1421 THE PLANNING BOARD OF BANGOR, NAINSt NO. 1.' I(NE) The Advent Christian Church 2. of 2141 Broadway Bangor 942-4327/942-0863 Addreae City or Poet Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Mine by reclassifying from Rural Residence s Agricultural district to the 2RTornment a Instityrional Service district for the Property outlined in red on the-mapa attached hereto, which are Part of this application, and described an follness 3. ADDRESS OF PROPERTY (if any) 2141 Beoedvav, Bangor Total Area (acres or egaare feet) 38.2 acres 4. PROPERTY LOCATION (General location)t Example - South aide of State Street 400 yards. East of Pian Street East side of Broadway (Rt.15) between Pushav Rd, and the Endeon Rd. 5. LEGALDESCRIPTION OF PROPERTY--Aesesacre Nap No. zo. Parcel 7 6. EXISTING USE: As a Church - Enacted ea ePtion/site Plan a ovalranted 9/1)/90. 7. PROPOSED USE: As a Church with Increased e a footaae, and future expansion as outlined under attached cunaivinn 8. MEN AND ADDRESS OF OWNER Or NECOEDt Name Advent Christian Church Address 2141 Broadway, Recent 9. RARE AND ADDRESS OF CONTRACT. OWNER (ifa//uJJch)1 10. SIGNATURE OF OWNER OR CONTRACT ONNERi ///&/. z ;;; m. a0w 11. REPRESENTATIVE OF APPLICARTO Name . Rev. Clem M. Rice. Pastor (if applicable) ' Address 130 Leighton St., Bangor 12. ATTACH ANY CONDITIONS PROPOSED POR A CONTRACT YOKE REQUEST. RETURN FORN & DUPLICXPE TO P n IN ndrVrSIOS, CIW EXEGog, Aoolicatimn fee Proceeeinc Advertieina Total Sone Change (1/2 acre or lees) $273.50 .$200.00+ $473.50 Zone Change (in excess of 1/2 acre) $437.75 $200.00* $656.75 Contract Zone Change $656.50 $250.00* $906.50 *Two Ade Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 93-235 (e Anigned to Councilor CITY OF BANGOR (TITLE.) MrN1tMat, Amens ng Land Development code Be it ordaivd by the City Council of His City ofBaa9on a. fdlowa: THAT the zoning boundary linea as established by the Zoning Nap of the City.of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing a portion of a parcel of land located at 2141 Broadway (Tax Hap No. R-20, Parcel No. ]) from Rural Residence and Agricultural District to Government and Institutional Service (Contract) District. Said parcel of land containing approximately 6.0 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED HORNVNR THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 6.6, of the Ordinanc- es 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 tothe fallowing limitations and/or restrictions: A. Additional floor area on the site shall not exceed 5,200 square feet. B. Said addition to be used only for church use to add a sanctuary, meeting rooms, office space, and restrooms. C. Thea a to be rezoned shall be limited to six acres.e D. The new addition and existing use must be supported by on-site water and sewer. 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 soecuted within ninety (90) days from the data of passage hereof, this Ordinance Shall become null and void. 93-235 "ad ped to Commuter Saxl April 26, 1993 CITY OF BANGOR (TITLE.) Malt[ =tl Amending Land Development Code Be R ordained by de Cite CownoU of the t%h Wil m¢er, as (dWwa THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing a parcel of land located at 2141 Broadway (Tax Map No. 20, Parcel No. y) from Rural Residence and Agricultural District to Government and Institutional Service (Contract) District. Said parcel of land containing approximately 38.2 acres 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 6.6, of the Ordinanc- es 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. Continued construction of Church facility. 1. Phase II addition of 5,112 square feet to add Sanctuary, Meeting Roams, Office apace, and Restrooms. (See attached floor plan.) 2. Execution by those parties with so 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 ana copy of said agreement being an file in the office of the City Clerk and incorporated herein by reference. In the event that said agreement is not a executed within ninety (90) days from the date of passage hereof,thisOrdinance shall become null and void. IN CITY COUNCIL April 26, 1993 Received let reading Referred to Ap- a[ee. CITY LEAK In City Comloil My 24 ' 1993 Amended by Substitution ani Passesi Voting Yes Blanchette, Bragg, Cohen , Frankel, Seal, Shakert Stacy Stone, Sullivan 93-235 ORDINANCE ( TITLE, ) Amending Land Development Code 2161 Hroadwav Aampei to Caul [imvt 43'ag C, Proposed Conditions/Zone Change Request The Zone Change Request by The Advent Christian Church of Bangor includes the following condition for expamfon: 1. Continued construction of Church facility. A. Phase ❑ addition of g, 112 square feet to add Sanctuary, Meeting Room, Off lee epees, and Restroome. (See the attached floor pian.) Rote: Attached floor plan shows Busting, Previously Approved, and the Proposed Expansion. 93—ash APPLICATION FOR LKED DRyELQpMT COOR ENO Say, ANEMME� TOt THE CITY COUNCIL AND M1R e i 12. 1Lgi THE PLANNING BONED OF BANGORt NAINES N0. 1.- I(WH) The Advent Christian Church 2. of2141 6xoadvay. Cantor 942-4327/942-0863 Adtl I City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclaeei£ying from aural Residence 6 Agricultural district to the Govern ent & Institutional Sercire district for the Property outlined in red on the maps attached hereto, which are Fact of this application, and described as folloret 3. ADDRESS OF PROPERTY (if any) 2141 atoadvay Bangor Total Area (acres or square feet) 36.2 ac 4. PROPERTY LOCATION (General loeation1i Example - South aide of State Street 400 yards. Bast of pine Street East side of Broadway (Rt.15) between Pushav Rd. and the Bunsen Rd. 5. LEGAL DESCRIPTION OF PROPERTY —Assessors Map NO.__O_ Parcel 7 6. EXISTING USES As a Church - Special exceptiorlsice plan approval > 9/17/90. 7. PROPOSED USES As Church v1tM1 Sncteaeed ea a foetus and future one Jned o;.a r attached conditiogs. 8. NAME AND ADDRESS OF OMER OF RECORDS Name Advent Christian Church Address 2141 Broadway, Bangor 9. EAME ARD ADDRESS OF CONTRACT OWNER (if6/u�ch)t////JJ 10. SIGNATURE OF OWNER OR CONTRACT OWNERS U . zzgaJ, 11. REPRESENTATIVE OF APPLICANTS Same Aay. Glenn N. Rice Pastor (if applicable) Address 130 Leighton St.. Bangor 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUTLIC!AM TO PLANNING DIVISION, CITY HAIA6, HAJUNDR, Application fee Processins Advertiaina Total Zone Change (1/2 acre or lase) $273.50 .$200.00• $473.50 Zone Change (in excess of 1/2 acre) $437.75 $200.00* $656.75 Contract Zone Change $656.50 $250.00* $906.50 *Two Ade Required PLEASE READ PROCESSING PROCEDURE ON EXPRESS SIDE 93-235 (Amended) G&ISD RR&A d.� Q� �,oproved 917/10 � but naf C�np/efed .m.2 dZf�r°'� ,1 Date Aprm` taxi Item No. 93-235 Imm/Sub)aM: Amending Land Development Code - 2141 Broadway flosponsible Departmenn Planning Division Commentary: For Referral to Planning Board The applicant is requesting a contract zone change. from" Rural. Residence and Agricultural District to Government.and Institutional Service (Contract) District for a 38.2 acre parcel located at 2141 Broadway. Manager's Commenti: MMI C'r1.al°°'a'° Associated Information: Budget Approval piereee archer Legal Approval: O / Dlysseciur Introduced For - EDpasaage ❑First Reading hpa_ol_ 0 Referral fD (�ftMa ffe, AV 93-235 Proposed Conditions/Zane Change Request The Zone Change Request by The Advent Christian Church of Bangor includes the following condition for expansion: 1. Continued construction of Church facility. A. Phase ii addition of 5,112 square feet to add Sanctuary, Nesting Rooms, Office space, and Restroom®. (See the attached floor plan.) Rote: Attached floor plan shows Existing, Previously Approved, and the Proposed Expansion. MO CONTRACT RR&A Imo. I` - ° _ -k-