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HomeMy WebLinkAbout1990-12-26 91-43 ORDINANCEDew January ]. 1991 Item No, Itm:/gup' Amending Zoning Ordinance - 444 Stillwater Avenue - Meh C.O. g 91-43(As Amended) (Contract Zone Change) Reepandple DelwtmanL planning Division CommeMay. The Planning Board held a public hearing on the above -noted contract zone change request at its regularly scheduled meeting of January 2, 1991. Brent Jones, an engineer representing the applicant, spoke in favor r of the proposed contract zone change. He discussed with the Board the proposed amended contract conditions. No one spoke in opposition.. The Planning Board voted -4 to 1 i favor of a motion to recommend to the City Council that the zone change request contained in 91 -43(As Amended) be approved. h�.new eCrn:mx�eG NOTE: -iah5. ITEM slkunD W 4!)IE469b E/ SelSST MTOAJ - ,� ,,,•,�/In �/s___: VA US;&d n man s1L.d-ti c« e: 7 `a' it 22 city Mamyn ARxuted Intoe:mtioe: 5q tled gadget APM"I.N (- Fwvae Pve� Legtl Appwal: '.. cfyswkm. ❑ Pan Reading _ Page — of _ ❑Refetfe- Co Taction pFa Dec. 17, 1990 TamN 91-43 Amending Zoning Ordinance (Contract Zone Change ) ksm/SubjW: 444 Stillwater Avenue RaRmrWSD n4:mn1: Planning Division faanntOP(: For Referral to Planning Board. Applicant requests a contract zone change for Property located -behind the USDA Building (444 Stillwater Avenue) for u a a Parking lot. s eo �1.:.Fn1 cnmaan:-� �a AWeiaed lMnrltution:O ,+n.g, �d7t MPronl.�,� Pmrrcr Oss4w 1pY ZVPtorM. ray„�a� Introduced For ❑ pax ❑Fint Radi".. E]RrdnW to Planning Board TV 47W-PG172 January 14N1991 Passed as Amended A True Copy, AVfAfnedm Councilor •IAC k Y OF ifilly Cie C MM MA 29 e] (TITLE.) 0TDMEtl7tPy_ Amending Zoning Ordinance _.. _... 91-43 (AS AMENDED) 444„Stillwater. AYCR4e I ._.. 1k it erda:ud W His City counmi 01dus city dBancer. as ybusme: THAT, the zoning boundary linesas established by the Zoning Map of the City of Bangor dated September 23, 1974, as amended, be hereby further amended as follows: By changing parts of parcels of land located at 444 Stillwater Avenue (Tax Map No. R-55, Part of Parcel 11A and Part of Parcel 12) from Residential 1-A Zone to Commercial 2 Zone. Said parts of parcels containing approximately 39,100 sq, ft. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER, THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 21, Section 11.3, Ordinances of the City of Bangor, said change of zone is, granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The use of the area in question is to be limited to accessory use parking. B. That the northwest boundary of the area to be changed have installed a landscaped berm not less than 30 inches i height for the full length of the zone change frontage on the proposed right-of-way reservation abutting it to the northwest. Said landscaping must include at a minimum coniferous planting at least four feet in height at the time of planting. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforce- ment 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 axecuted within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. PENOBSCOT. ss REM 91 JAN 31 PN 3: 13 EXHIBIT a ATTEST: REGISTER 91-43 (AS AMENDED) A«igned to Cauacilw .. q CITY OF BANGOR (TITLE.) MrtMnalit2t Amending zoning Ordinance ,444._ St i llwater'..¢yenae ___... .........._.. Beito it by the City Co:moil off CityofBaxmr, as fallwoa: THAT, the zoning boundary lines as established by the Zoning Nap of .the City of Bangor dated September 23, 1974, as amended, be hereby further amended as follows: By changing parts of parcels of land .located at 444 Stillwater Avenue (Tax Map No. R-55, Part of Parcel IIA and Part of Parcel 12) from Residential 1-A Zone to Commercial 2 Zone. Said parts of parcels containing approximately 39,100 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER, THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 21, Section 11.3, Ordinances of the City of Bangor, said change of zone 1s granted subject to the following conditions: 1. The use and/or operation of the subject premises sharp tie subject to the following limitations and/or restrictions: A. The use of the area in question is to be limited to accessory use parking. B. That the northwest boundary of the area to be changed have installed a landscaped berm not less than 30 inches in height for the full length of the zone change frontage on the proposed right-of-way reservation abutting it to the northwest. Said landscaping =at include at a minimum coniferous planting at least four feet in height at the time of planting. 2. Execution by thosepartieswith an interest in the. affected property of an agreement providing for the implementation,and enforce- ment of allthe terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file in the office of the City Clerk and incorporated herein by reference.. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. 91-43 AuigaW[o Caunceor Sullivan, December 26. 1990 CITY ^ OF BANGOR (TITLE.) Mrbhtin eC Amending Zoning Ordinance 444 Stillwater Avenue Be k ordained by W City CoaaeW of W Oft afBanyar, as foWowa: THAT, the zoning boundary lines as established by the Zoning Map of the City of Bangor dated September 23, 1974, as amended, be hereby further amended as follows: By changing parts of parcels of land located at 444 Stillwater Avenue (Tax Map No. R-55, Part(joi Rarcel 11A and Part of Parcel 12) from Residential 1-A Zone to Commercial 2 Zone. Said parts of parcels containing approximately 39,100 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER, THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 21,Section 11.3, Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. To serve as parking for existing and proposed USDA building. 2. Execution by those parties with aninterest in the affected property of an agreement providing for the'mp lamentation and enforce- ment of all the terms and conditions set forth above and the recording of saidexecuted agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file in the Office of the City Clerk and incorporated herein by reference. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall became null and void. IN CITYCOUNCIL ;Dep€mber;36, 1990 - x'eQ to Planning H Std +�...,� CITY QTTERK I TITLE.) 91-43 ORDINANCE IN CITY COUNCIL. Smeary 14, 1991 Amended Substitution and Passed by thefollowingyea and uavotes. Councilors voting yes; nlan«1, CwueiL�n Stone nd Sulli $avye:. Caxl, Sveveud, Stogw�e e/v�d/Eullivev. TVEU v� i Bx4786 Pc 166, (102576 CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of //21 r 1991, by and be- tween the CITY OF BANGOR, amicipal corporation with a place of business located at 73 Harlow Street, in Bangor, County of Penobscot, State of Maine and gAC/CO/SAC, a Maine corporation with its principal place of business located in Bangor, County of Penobscot, State of Maine WITNESSETH: WHEREAS, JAC/CO/CAC 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 444 Stillwater Avenue, and being identified an City of Bangor Assessor's Map No. R-55, as Part of Lot 11A and Part of Lot 121 and WHEREAS, pursuant to 30 M.R.S.A. Section 4962 12) (1) and Chapter Vlli, Article 2 . S and Article 21, Sec. 11 of [M1e Laws and Ordinances f the City of Bangor, application was made for a contract z change, so-called, to reclassify said parcel of land Caine! parcel hereinafter being referred to as the "subject premises') said parcel comprising a land area of approximately 39,100 sq. ft., al! as set forth in Exhibit A at- tached hereto and incorporated herein byreference, oa Residential iA Zone to a 2 under the Zoning Ordinance of the City o Bangor, sr said application proffering certain conditions o estricti ons relating to the physical development and/or operation of the subject pre- mises, and WHEREAS, subsequent to a public hearing on the matter, and after due consideration given to the r endations of the Planning Board, she Bangor City Council adapted e l Ordinance 91-43 las amended), whereby it r r reclassified the subject premises f a Residential IA Zone to Commer- le2 Zone under the Zoning Ordinance of the City of Bangor subject t certain restrictions and/or conditions, a copy o said Cu ncil Ordinaries 9I-43 (as amended) and the restrictions and/or conditions contained there- in being attached hereto as Exhibit B and incorporated herein by refer - NOW THEREFORE, in sideration of the reclassification = the subject Premises f a Residential iA Zone to a Commercial 2Zone under the Zon- ing Ordinance of the City of Bangor, the parties hereto agree as follows: I. iAC/CO/BAC, its successors and assigns, hereby covenants and agrees that the u occupancy and/or development of the subject premises, in addition to other applicable laws, ordinances, or regulations of the City of Bangor, shah be subject to the following restrictions and/or conditions on the physical development or operation of said propertys _ M4786 PG16:7 A. The use of n the area iquestion is to be limited to accasew ry use parking. B. That the northwest boundary of the area to be changed have , installed a landscaped berm not less than 30 inches i height for the ength o` theeT change tag® n sun the proposed right -o£ -way r vationabuttingit to the northwest. Said landscaping must include at a minimum cenif- argue planting at least four feet in height at the time of planting. 2. The Owner hereby agrees that the above-statod restrictions, provi- sconditions, covenants, and agreements a made a entiai part Of this Agreement, shall e with the subject promises, shall bind the own- are, their s and assigns, to O said property o any part thereof a anyInteresttherein, and any party in possession or occupancy 4rn aid property o any part thereof, and shall inure to the benefit o and be enforceable the City o angor, by and through its duly autho- rized representatives, and the owner or owners a, any abutting parcels of land. 3. The Owner hereby agrees that i any person claiming under r through it, shall at any time violate o attempt to violate, or shall omit to perform or observe any o more f the foregoing restrictions, o provisions, conditions, covenants, and agreements, the City of Bangor and the abutting lark (a)Shall have the following remedies, which may be exercised by the City o. 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 i authn- zed to prosecute violations under the Zoning Ordinance o. 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- le In effect at the time o violation. Each day that a ation is permitted to existafternotification of the same pursuant to said Ordinance shall constitute a separate b. The City of Bangor andior the o or : parcels o land which = abut the subject pre shallhavethe right to institute a and all actinns orproceedings, including the right to a all the t and provisions of this Agree- Itent y injunction, legal and equitable actions and all Other lawful process :or the en.orcement of the same. The Owner a further agrees that the f the City Of Bangor or the owner an Oi abutting parceistouobject to any violation, however ung continued, Or to enforce any rest ri ctl ons, provisions, conditions, coveriantS, on agreements contained In this Agreement shall in ent be deemed a waiver O: the right to do so thereafter as to the same breach or eH4786 Pc 168, violation or as -o any breach or violation occurring prior to subsequ®nt thereof. C. The City of Bangor and the Owner hereby agree that the provisions o4 this Agreement shallremain n. full v and effect until such time as ® the a may be modified, a ended, repeated, and/or replaced upon their written agreement. itsexpressly understood by the parties hereto that any such change shall beiaccordance with the laws othe B of Maine o and the Zoning Ordinance of the City of Bangor. shall he treated as an amendment to said Ordinance and shall be processed accordingly. 5. The parties hereto hereby agree that nothing to this Agreement shall be c ued s o preclude the f f the Bangor City C cuss legislative authority relative to thezoningpf the subject prem'isesn in the event that the zoning of said premises is changed by the City C cil, any u established under they provisions outline in para- graph 1 subparagraphs A., and CO.,above, subject to therestrictions, provisions, conditions, c and agreements contained i this Agree - shall be wed ' ontin nonconformity o nonconforming whichever the c may be, i accordance wth the provisions of mthe Zoning Ordinance, a may be In e44ectc at the time of said zone change, governing the same. 6. The parties hereto hereby agree, for themselves, their successors and assigns, to w any and all rights to challenge the validity -ouncli ordinance vaeaS Zoo amended) or the terms of this Agreement. The parties hereto hereby agree that if one of s the restrictions, e provisions, conditions, c and agreements, or portionsfberevf, contained in this Agreement is on held invalid o ostitu- tional by any court o competent jurriisdiction, such portion shall albe deemed a separate, distinct and independent provision and suchdetermina- .ton shall not affect the validity o*' the remaining portions hereof. Provided, however, that parties hereto hereby f rt'her agree that in the event any of the contracted provisions contained in paragraph 1, subparagraphs A. and B above,invalidated o uch other pro is invalidated s e to c nstitute a material r n al hange` in the r ictions, provisions, conditions, ca,enertft, and agreementsnegotiatedby and be- tween the parties, the City of Bangor or abutting land owners shall have the power t andior change o4 the zoning nofsthe subject premises t otheac current reversion classification a may be 1 effect' at the time f the processing o suchreversion e and/or change. Said ry - and/or, change may be initiated by representative of the Cityp Bangoror w abutting property the subject pre shall be processed t accordance with the procedure tabu n shed ' amendment to the Zoning Ordinance i affect at the time,and shallbeevaluated i accordance with the criteria 'tabiished r the r nchange applications, it beingtheintent of the parties hereto that the Dwriar shall not be allowed to benefit f o m the change r the subjectpre- misss in the event that the City of Bangor or abutting land owners are deprived o` the conditions negotlated to minimize the negative biterna.- ties of the requested rezoning. Bx478h6 PG 668 S. Elcept as expressly modified herein, the use antl o cupancy yi the Subject pre shall be gov ned by and comply with the provisions the Z ) Zoning Ordinance u the City of Bangor and any applicable amendments thereto or replacementthereof. IN WITNESS W'HEREOFg this Agreement has been s.ecuted and delivered as of the day and year first above written. STATE OF MAINE Penobscot, se., Its President CITY OF SAMcaa BAEuQj Edward R. Barrett its City Manager Jgoo, zy :as; Then personally appeared the above-named Carl nc and a - edo_ed the foregoing to be his free ac. and deed and thrhfree actandwdeed of the said SAC/CC/SAC. Before me, J O Printed NameH013taf 6, Ldy JOCtiIK.��Ce Attorney tra1 Attorney at Law . ' BK4786 ?G 170., STATE OF MAINE Penobscot, as. Jan. 29 , +991 Then personally appeared the above-named Edward R. Barrett and ackMewl- edged the foregoing to be his free act and deed in his said capacity ax City Manager and the free act and dead o- said City of Bangor. Before m , Printetl Name:L Low ewac ai_tbe_aCorey Notary Public Btbocaey_.ai_rw RIA ;6K4786 PG 1 71 a lk I lk R i A� A X01 . 5 4L 91-43 C2 F NTRACT ,. 4 rrA C2 � CONTRACT 1' EXHIBIT A ® R 1 A TO C2 CONTRACT 91-03 ; ] 6 a 1 pyq;a,INnLHlC!]i i�] FY 1: To serve as parking for existing and proposed USDA building. APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT 91-43 TO: THE CITY COUNCIL AND DATE EEGI[SR 14. 1990 THE -PLANNINGBOARD OF BANGOR, MAINE: NO. 1. I(WE) 2. of. 461 GM4N-0 SNEET BO03R WI E Ucxn1 521 Advertlsing .Total Address City O[ Post Of ice Telephone gg 50 hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from R_ID sone to of 1/2 $400.00 the G2 nMRNi zone [he property outlined i red on the maps $450.00 attachedhereto, which are part of this application, and acre). I- described as follows: 3. ADDRESS OF PROPERTY (if any) Nd 51111MIER Aa3tE $600.00 $250.00* Total Area (acres or square feet) 'a AD on. fa - ' 4. PROPERTY LOCATION (General Description): Example - South side OE State Street 400 yds. East of Pine Street PROCESSING PROCEDURE ON REVERSE SIDE HE IAO IS EIIAIFD B_iVfIItl GY WAY AD RE EXISTDL G-2 C04RW.T 2QED A'D fMlfilAE fff11Y 1I06D PIpPERIY. -- S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No._ Parcel_ 6. EXISTING USE: FRID 7. PROPOSED USE: IaTKIN: OEY TO NINE E USU G USA FM TTY 8. NAME AND ADDRESS OF OWNER OF RECORD: Name dr/co/w, no. _ Address__. 461 G94@D SHEET 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): W 10. SIGNATURE OF OMER OR CONTRACT OWNER: / -- 11. REPRESENTATIVE OF APPLICANT: Name (if applicable, Address 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REOUESTT. RETURN -FORM A DUPLICATE TO PLANNING DIVISION. CITY HALL, BANGOR, ME Application Fee: Processing Advertlsing .Total :one Change (1/2 acre or less) g250.00 gg 50 00 300.00 :one Change (in excess of 1/2 $400.00 S 50.00" - $450.00 acre). I- . :oncract Zone Change ' $600.00 $250.00* $850.00 *Two Ads Required - PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE i t T 1 .� R 1 A c oy� ,Q,�► Q C2 CONTRA C2 CONTRACT /R 1 A ''•• 'ffff,, J 0 0 ® R 1 A TO C2 CONTRACT 194 of Pangar, Anuu John M. qE Planning Officer tone April 12 1991 Memo To: Rues McKenna. City Clark Shim: Contract Zone Charge Agro _ C o A 91_Ai Attached is the original copy of the Contract Zone Change Agreement between the City of Bangor and JAC/CO/SAC for property located at 444 Stillwater Avenue. Please keep this on file with C.O. p 91-43.(0Pxantil) i R 1 A �'y� A OQ C2 CONTRACT p C2 CONTRACT U R 1 A TO C2 CONTRACZ APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE Cf@£EN 14, NAA THE PLANNING BOARD OF BANGOR, MAINE:' NO. 1. I(WE) ",TC/IUyc 2. of461 GAR W STM"ET 6W IM HUNS WW1 -%2J " "Address City or Post Office Telephone hereby petition to amend the zoning ordinance of the City of Eangor, Maine by reclassifying from 2ID sone to the Q, nvmarr sone the property outlined in red on the maps attached hereto, which are part of this application, and described as follows: - 3. ADDRESS OF PROPERTY (if any) 44tl STHtYAIR AMTIE Total Area (acres or squarefeet) m IUI m 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street RE LAND IS I 10) EhkIId GAMIN MY NO hf EXISTING C4 DNIRCT APED MD WTHC R.PLT' IV1dD AXPFR1 . 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No.. Parcel_ 6. EXISTING USE: FRID 7. PROPOSED USE: MUG PLY R) NINE EXUWM USN FMRTIY 8. NAME AND ADDRESS OF OWNER OF RECORD: Name w/ico/w, IM, Address 461 GL Sff I 9. NAME ADD "ADDRESS OF CONTRACT OWNER (if such): SMR 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name (if applicable)' Address 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST." RETURN FORM S DUPLICATE TO PLANNING DIVISION, CITY HALL/ BANGOR ME Application Pee: Processing. Advertlsing" Total :one Change (l/Z acre or less) 9250.00 gg 50.00 8300.00 one Change (in excess or 1/2 $400.00 5 50.00 $450.00 acre) :ontract Zone Change ' $600.00 $250.00* $850.00 *Two Ads Required PLEASE READ PROCESSING PROCEDURE ON REVRRBS SIDE p�Jtli ( btiYGI}�i (Gn�tJii/uS The following list of people are associated with: JAC/C0/SAC Carl H. 'Snow; 'Jr: " James 'Parker--- Shawn-Small.'........ .. .. �l I tA ye •-�► 0 CONTRACT. .0 C2 CON7co /R 1 A !CONTRACT ® 91-43 u CONTRACT 0 MEMORANDUM DATE: December 26, 1996 TO: The Planning Board FROM: The Planning Staff ouoa`cCT: fiends Review - Wednesday, January 2, 1991 Mestino PJSLIC HEARINSS item No. 2:Contract Zone Change - 444 Stillwater Avenue - iAC/CD/SAC - C.C. N 91-43 a. Applicant requests a change from Residential IA to a C-2 Zone subject to certain conditions for a parcel Of land containing approximately 39,090 sq. it. located to the rear of the existing USDA Building which is in a Contract C-2 This strip 04 land which applicant proposes to use for parking in conjunction with an expansion of the USDA office building is located between a proposed extension o Jeriniier Lan (and aac vation for future access to this ea) and the two office buildings in the two C-2 Contract zoned areas frontingon Stillwater Avenue. b. As was the c under the previous comprehensive pian, the area n question is proposed for e -density residential However, the presence of two C-2 contract z n the Stillwater Avenue frontage had altered the characterofthis mediate aa to s extent. The proposal for u f this land is to limit it to parking only. (This i necessitated by the provision of more than the minim umber of parking spaces required under the City's Zoning Ordinance to serve the expanded Office building on the Stillwater Avenue frontage.) C. The Only contract condition proposed by applicant w "to serve s parking for existing and proposed USDA building," _ Itis Sta44's r endation that if the Planning Board were to recommend this zone change there ti need 4ai- an additional condition (and probably a rewriting of the one proposed).in keeping with the contract z change granted o n the c Draw Lane and Stillwater Avenue (which contains the rexisting building which may be expanded) it would seem appropriate to Ou4fer the commercial site development 4rom abutting residential zn the c the parcel O Stillwater Avenue there w a 24 fact buiier yard established along the property lines of aexisting n single-family dwelling on Drew i In that c s additional Space, a mewas and shrubs, w s deemed necessary to protect the x existing residential property. aTherproposai containedin the contract zone change application be -ore the Board at this time is to Bate a parking lot along a proposed street right-oF-way. There i extremely limited depth between the proposed street right -o9 -way and the westerly corner of the front part of the lot (presently zoned ifTherefore, it i star: recommendation that abem `beet created not lezz than 30 inches in he:oht along the proposed s and reservation for c future access for the f length 04thenorthwest boundary of the area to be rezoned. (The exact location o e this berm c n be reviewed at the site pian stage when and if this project comes iner a building permit.i The proposed berm should be landscaped and should be no less than 3G inches in height tin order that screening requirement% c* the 'Ordinance be met by the berm itself). We have contacted the applicant and sent him o ended wording of the contracttwo conditionsr hisreview and approval at this time. Absent such a ondition, w would not recommend the contract zone change as requested.