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.
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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
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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)
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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
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