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Home My WebLink About1992-09-30 92-459 ORDERCDDRCII. ACTION Date: 2/30/.92 Item Ro.• 92-659 Item/Subject: Adoption of the Declaration of Covenants, Conditions, and Restrictions for the Maine Business Enterprise nark. Responsible Departments Community and Economic Development Commentary: Following is a synopsis of the Declaration of Covenants, Conditions, and Restrictions for the Maine Business Enterprise Park. This project is intended to be an high quality business and professional park in a natural or campus setting. It will contain 18 leased lots on which individual firms will be able to construct 1-3 story office -type buildings. It was designed such that covenants, in addition to the City's land development code, will control both the operation and appearance of the site and buildings. The Declaration of Covenants, Conditions, and Restrictions has Dean reviewed and is recommended for adoption by the Community and Economic Development Committee and the Ma it Board of Directors. Staff also recommends adoption of the Declaration. If approved by the City Council the Declaration will be recorded with the subdivision plan at the Regis giissyoas. �ll H Manager's Comments: [,b�'{}/� ///�///� lily/AII//N // City Manager Associated Informationz6j, , The Community and Economic Development Committee, at its meeting on August 19, 1992, and the Ba Corp. Board of Directors, at its meeting on September 26, r viex and recommended emommended the Declaration be adopted by the City Council. Finance Director Page 1 of i gal Approvals cm. � City Aelleltor � Introduced For Y Passage Pirst Reading Page 2 of 2 Referral 92-459 Aui�ed W Cwmdm Blanchette, September 30, 1992 � p , CITY OF BANGOR (TITLE.) (DrUrt ..._Authorizing the adoption of Covenanta ,for the Maine Business Enterprise Park. ._.._. _......---------- ----------- _------- .:............ _. .._.. _... By Me aty Cessna of the City of Bana4t: ORDRRRD, TMT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute the Declaration of Covenants, Conditioner and Restrictions for the Maine Business Enterprise Park. In City Council September 30, 1992 Tabled Consider next meeting �rtTy CIeItJ In City Council Cetobev 14, 1992 P/asseed City clerk —`—X -- 92- 459 ORDER Title, Autboeiniug Ot Adoption of Covenants .PpT.pRf. MaFpf. $V6 }pfss,Enterpriee, Perk ...................................... A®ip�ed to Councilman 92-459 Synopsis of Mine Business Enterprise Park's Declaration of Covenants, Conditions, and Restrictions Undated 8/19/92 1. Definition of terms Design Review Committee - Comprised of Director of Dept. of Community and Economic Development, Planning Officer, and City Engineer. Additional members can be added. 2. Description of Property See map 3.1 Approval of Plans Required No improvements allowed until site development plan approved by a Design Review committee, which includes all features, such ass a. Site plan, including location of building, parking lots, set backs, and adjoining lots. b. Location of signs a lighting. c. Building elevation plan showing dimensions, number of stories, materials, and exterior color scheme. d. Accessory buildings, antennas, and external mechanical equipment. e. Landscaping plan. f. All buildings plans must be stamped by a Design Professional (Regiatered architect or engineer). g. All site plans must be stamped by a Site Designer (Land surveyor, landscape architect, or professional engineer). 3.2 Basis for approval Approval based on compliance with Design Standards. No plan approved that does not provide for underground utilities. Metal clad buildings approved if constructed so as to not have the appearance of pre-engineered metal building, designed by a Deal" Professional, and specifically approved by Design Review committee. 3.6 Proceeding with Work Construction must commence within 1 year of approval or approval revoked without extension. - 3.7 Completion of work Construction must be completed within 2 years from approval unless extended by Declarant. 3.9 Construction Without Approval Construction without approval constitutes breach of the Declaration. 4.1 Development Standards a. Minimum front yard setback 50 ft. from property line, or the tree Protection line, whichever is greater. b. Side yard Setback - 30 ft. on one side and the total of both sides must be greater than or equal to 90 ft. c. Rear yard setback - 30 ft. d. Exceptions to set backs Parking areae, Side 6 rear set back - 20'. Side a rear set backs can be reduced to 10' with intensive landscaping. e. Minimum height - 15 ft. f. Maximum height - 50 ft. g. Primary facade materials - masonry, bricks, stone, glass and tiles. Wood siding to include solid wood materials such as clapboards, but not including premanufactured panels. Concrete block and sheet metal may comprise up to 304 of facade. Is. Street or park facing facades 508 glazed material. i. Street or park facade should create a aeries of implied ground floor bays or the facade should be broken up by design elements. J. Orientation - Buildings front Illinois Ave., Enterprise Ave., Mansond St., and Maine Ave. k. Building Coverage Ratio - 355 1. Impervious Surface Ratio - 704 4.4 Landscaping - Landscape lot, setback areae, S parking lute with bufferyards as outlined in the City's land Development code and reviewed the Design Review Co®mittee. 4.5 Signs As allowed in the City'sland development code and reviewed the Design Review Committee. 4.6 Fences As allowed in the City's land development code and reviewed the Design Review Committee. 4.0 Parking Areae Off-street parking must be provided, on -street prohibited. Collective employee parking in the rear of buildings is suggested. 4.8 Storage 4 Wading Areae a. Outside storagepermitted if screened, is lees than 58 of gross floor area of structure up to 2000 sq. ft., and i5 on the rear of lot. b. No on -street loading permitted. c. Loading dock areae will be set back, recessed, or screened to minimize visibility from neighboring lots or streets. Not permitted within 50' of property line fronting street. 5.1 Petted Uses My industrial operation permitted by Declarant and allowed by land development code. 5.2 Prohibited Uses Residential, trailer courts, junk yards, mining, refining of petroleum, excavation of building or construction materials, distillation of bones, dumping or incineration of garbage, fat rendering, stockyard, smelting of iron, cemeteries, jail, labor camps, truck terminals, automobile race tracks, new or used car sales, commercial parking lots, and auto repair facilities. 5.5 Maintenance of Grounds Leasee responsible for maintenance on his entire lot up to the travel way, including any easements, esplanades, tree protection zone, etc. 5.9 Refuse Collection Sited in back and visually screened 5.11 Utility lines 6 antennas Utility lines or wires will be placed in buildings, in conduit, or underground. No antenna erected without the consent of the Declarant. 5.12 Mechanical Equipment Screened with landscaping. or Integrated into building 6.1 Procedure for modification and Repeal Lessees of 808 of KEEP can terminate or modify covenants. If Declarant owns 208 of property, Declarant must approve changes. If changes are major must be approved by City Council after review by Planning Board. 6.2 Modification by Declarant As long as Declarantowesany property, Declarant can modify Article III Construction of Improvements, Article IV Development Standards, and Article V Regulation of Operations and Uses. 7.1 Enforcement Declarant can abate, remove or prosecute anything on a lot in violation to these covenants. 8.1 Assignment Declarant can assign all rights and powers in the covenants. 11.1 Runs with the Land All covenants are made for the benefit of each lot and run with the land. MBEP.MEM (8/19/92)