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HomeMy WebLinkAbout1989-03-27 89-148 ORDINANCEwunat pawn Cars 4/4/89 Item No. 89-148 Item/SubectAmending Zoning Ordinance - Contract Zane Change - 861V Stillwater Avenue - C.O. F 89-148(As Amended). Responsible Department: Planning Division Commentary: Please be advised that the Planning Board held a public hearing n the above-noted contract zone change request at its regularly scheduled meeting on April 3, 1989. @r. Sheldon Hartstone, representing the applicant, spoke in favor of the proposed change. No one spoke in opposition. After review of the conditions in the area, the Planning Board voted 5 to 0 in favor of a motion recommending that the City Council approve C.O. 8 89-148-(As Amended). I minan roe Manager s Commmu: Ory Mamgv Auacmted lnformanon: Budge Approval: m"amelthavor Legal Approval: - cnys Ienar Introduced For ®Passage - ❑First Reading Page_ of ❑Referral pbuewlAttipn pets 3/20/89 Item No,r?-v Y Item/Sublett: Amending Zoning Ordinance - Contract Zone Change Stillwater Avenue Respornlbts Department: Planning Division Commmeery: Referral to Planning Board Only t9f qpl - gas ha:ra.r Oapaetm vt Hxd MmagM a Comments: C4yMomg AfeOClOhd inform cm: BudpitApproval. Hwace Dieeew Lepel Ap"al. CiiyS rlinm Introduced For Farm" ❑First Reading Pape_ et_ QRelernl 89-148 (AMENDED) Assigned to Cw: ar Stone CITY OF BANGOR (¶ilf.) MrMrt=er Amending Zoning Ordinance ................. Be(t ordained by the City Coamw4 of Me City ofBantnr, as Mkoc.. THAT the zoning boundary lines as established by the Zoning Map e£ the City of Bangor dated September 23, 1974, as amended, be hereby further amendedas follows: By changing part of -a parcel of land located at 861V Stillwater Avenue (Tax Map No, R-61, Part of Parcel 9F) from Park and Open Space Zone to Commercial 2 Zone. Said part of a parcel containing approximately 460 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. Area to be used for parking only. B. Parking: will be screened from Park d. Open Space Area and from Stillwater Avenue. screened with ahunery at least -ix feet in height' C. All areae not paved will be revegetated. 2. Executionby 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 andtherecording 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 and recorded within ninety (90)daysfrom the date of passage hereof, this. Ordinance shall become null and.void. - 89-aef 89-148 St.++ Assigned to CanncEor Stove CITY OF BANGOR (TITLE.) MrYU Mgt Amending Zoning. Ol.rdinance __.. Stillwater Avenue _.__.. s. u ozdamd w w Ga cowaeu otwt ca orsanw., a.t nom.: THAT the zoning boundary.. lines as established by the Zoning Nap of the City of Bangor dated September 23, 1974, as amended, be haseby changing amended as follows: ater Avenue(TaxMaptof a No. R -61r Part£land of Parcel9F)froat m ParkandOpen Space Zone to Commercial 2 Zone. Said part of a parcel containing approximately 460 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. Area to be used for parking only, B. Parking will be screened €rum Parks& Open Space Area 2. Execution by those parties with an interest inthe 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 n reference. In the event that said agreement is not so executed and recorded within ninety (90) days from the date of passage hereof,. this. Ordinance shall become null and. void.: Mn City masIll pvi M,1 A�arSi 9°siiSiYexlo� ad Fa�3 atv eiH Si rtd� mR�Ct �rlitios ' p2 'A3i aE'a tle osd Scc�e3 wiM 9aiaY at )®.S SiN�rG in Im�JR � Oa7femvs lStlse UIXe��%�E b/stsFi[n BY lm S v. m'ersilli�'fillcy ' b Blmtl dak OPOWARM ( TITI .) l�aA J �ueg Oa]ir�rY-lLN3t;� ' 9Qa dm RStilh�Atz ". :dh CiCy;lhaea�Tffirh 2]x1999 .,.sRgam S4P xu>�I� mP»9trffid lR Awi®nedm r AXMMY CY4u¢t(�1 Mn City masIll pvi M,1 A�arSi 9°siiSiYexlo� ad Fa�3 atv eiH Si rtd� mR�Ct �rlitios ' p2 'A3i aE'a tle osd Scc�e3 wiM 9aiaY at )®.S SiN�rG in Im�JR � Oa7femvs lStlse UIXe��%�E b/stsFi[n BY lm S v. m'ersilli�'fillcy ' b Blmtl dak ENLARGED F" BANGOR MALL C2 � 1 , r � � C2 ' 1 ; � � r eaA6e' BLVD o �0 O P&® TO C2 CONTRACT 89-148 APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE March ), 1989 _ THE PUNNING BOARD OF BANGOR, MAINE: NO. 1. I(WE) Queen City Associates 2. of 569 Hammond Sereet Bangar ME 04401 Parcel9P 861V 6. EXISTING USE: Mac= Address City 5F Post Ottice Te ep one - hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from P&O Address 569 Hammond zone to the C2 zone the property e n outlen red on the maps attac a hereto, v ich are part of this application, 30. SIGNATURE OF OWNER and described as follows: - - 3. ADDRESS OF PROPERTY (if any) 861V/Stillwater Ave Name qH¢L don xn.rseone Total Area (acres or square feet) 460 S.F. 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. EastOfPine Street RETURN FORM 6 DUPLICATE TO PUNNING DIVISION CITY HALL, S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map NO. R61 Parcel9P 861V 6. EXISTING USE: Mac= Land ]. PROPOSED USE: Commercial S. NAME AND ADDRESS OF OWNER OF RECORD: Name nneen City easociates Address 569 Hammond Street 9. NAME AND ADDRESS OF CONTRACT OWNER (if Such): 30. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name qH¢L don xn.rseone (if applicable) Address 569 Hammond Street.Baneor. MR 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM 6 DUPLICATE TO PUNNING DIVISION CITY HALL, BANGOR, ME. Application Fee: Processing 'Advertisino- Total Zone Change - $90,00 $ 50.00 • $140.00 Contract Zone Change -90.00 - 250.00• • $340.00 *Two Ada Required - PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 89-148 Amended 3/30/89 CONTRACT CONDITIONS 1. Area to be used for parking only 2. Parking will be screened from Parka 6 open space area and from Stillwater Avenue. 3. All areas not paved will be revegatated. misc1L d. The Planning Staff would find the proposed uses to da compatible with the axisting uses in the area and would find the u of space for a boarding home more in keeping with the Residential 5 Zone than office space. The Board should r w the proposed request in light Of the standards of Special Exceptions (Article 22, Section 2). e. Staff would find the proposed request in line with the special exception standards. The site plan submitted is the same s that which w approved by the Board at the time of the office use e proposal. There are O proposed changes to the exterior of the site from the original plan submitted. Staff would note the S of the required parking spaces are provided off site within 500 feet. That arrangement has previously been approved by the Board and will remain as part of the site approval requirements. Staff would recommend site plan approval if the Board finds in favor of the Special Exception. Item Na. 6: Final Plan - 1221 Ohio Street- Homeland Properties a. Applicant requests final subdivision approval Of a nine lot subdivision located off Outer Ohio Street in an Agricultural Zone. Id. This project received preliminary plan approval on March 20, 1989. The proposed subdivision invalves one public street. Ashley Drive, a cul-de-sac. Lots are to be served by wells and on -lot septic fields. c. The City Engineer has reviewed the plan and it meets with his approval. Staff would note that portions of five of the proposed lots are in the 100 year flood designation. Howev- all of these lots are large enough to easily site homes Out of the flood hazard.. Staff would rend final plan approval with the condition that the applicant record the proposed drainage easement in the Registry of Deeds. Item Ao.--7e,� Contract Zone Change - 661 Stillwater Avenue - "— ------ Queen City Associates - C.D. # 89-145. a. Applicant requests achange from Parks and Open Space Zone to Commercial 2 zone subject to certain conditions and restrictions for approximately 460 square feet of land off of Stillwater Avenue. It. The proposed zone a change request Is located off of the ac- cess s drive into "The Centre" on Stillwater Avenue. The present request is being made in Order to allow the appli- cant to provide additi coal parking between -the access road and the Penjajawoc Stream. 89-149 C. The City's Zoning in areas like this provides a buffer 40r the stream of 50 feet Oneach side with the Parks and Open Space Zone. Commercial developments and their accessory like parking, are not allowed in the P & 0 Zone. The Zones have been get 50 feet off the center Of the stream regardless of slope, vegetation, or flooding. d. Staff would find that adjustments to the Zone line which du not encourage development O steep slopes v n the floodway to be acceptable. Staff would not recommend the total elimination of the zone. e. The proposal before the Board seeks to change a small por- tion of the P & 0 Zone and provides for revegetation, screen- ing, - ing, and limits the use to parking only. The proposed rezon- ing and intended development will not encroach the flood - way. Staff would find the proposed rezoning consistent with the intent of the comprehensive plan. OLD BUSINESS Item No. 9v Preliminary Subdivision - Hildreth Street North - Charles Lambert a. Applicant requests preliminary subdivision approval for a 15.603 acre parcel on Hildreth Street North in an Industrial 2 Zone. b. Applicant isrequesting approval of a n lot industrial subdivis'ionwith lots ranging in se from 1.5 to 3 acres. w i All lots exceed m standards far lot a and lot width n the 1-2Zone. Applicant proposes one public street, a cul-de-sac, and public utilities.. - c. Staff has a number of concerns with the plan. The City Engineer's Office has asked the applicant t0: place the sewer ws manholes in the center of the street, place the sewer line in .the center of the s easement, widen the road shoulder from four feet to eight feet, modify the ditches on the proposed road$ widen the traveled way and curb opening near Hildreth Street, and provide a stormwater detention d. Staff would not recommend preliminary plan approval until these 'concerns are addressed Item No. 10: Site plan Review - Bangor Mall Boulevard - Toys" "R" Us - a. Applicant requests site plan approval for a 609000 square foot building located at the corner of Hogan Road and Still- water Avenue.' 414 of Pongor, Mnhw John M. 1 -mod flenniry Officer Dem August 4, 1989 Memo To: Hnax MCKmru. Cit,, C1eSk aejea: Contract Zone Change Agreement - C.C. 0 89-148 (As Amended) Attached is the original copy of the contract zone change agreement between the City of Bator and WIZ Associates for property located at 861V Stillwater Avenue. Please keep this agreement on file with C.O. N 89-148 (As emended). Attachment °O Bx447O PG244 01.9439 CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of guns +2, 1989, 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 HMZ Associates, a Maine Partnership with its principal place of businasm being located in Bangor, County of Penobscot, State of Maine WITNESSETHe WHEREAS, HMZ Associates ape the owners Of record of a certain parcel of land situated in Bangor, County of Penobscot, State of Maine, said land being located at 861V Stillwater Avenue, and being identified On City of Bangor Assessor's Map No. R-61, as Part of Lot 9F. Reference may be had to a deed recorded in the Penobscot County Registry of Deeds in Volume 4389, Page 73, for a more particular description of said land; and WHEREAS, pursuant to 30 M.R.S.A. Section 4962 (2) (1) and Chapter VIII, Article 2, Sec. 8 and Article 21, Sec. 11 of the Laws and Ordinances of the City of Bangor, application was made for a contract t change, -called, to reclassify said parcel of land (said parcel hereinafter being referred to as the "subject premises") said parcel comprising a land herof approximately 460 sq. ft., all a set forth in Exhibit A attached eto and incorporated herein by reference, from a Park and Open Space Zone to a Commercial 2 Zone under the Zoning Ordinance of the City of Bangor, said application proffering certain conditions orrestrictions 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 recommendations of the Planning Board, the Bangor City Council adopted Council Ordinance 89-148 (as amended), whereby it reclassified the subject premises from Park and Open Space Zone tO Commercial 2 Zone under the Zoning Ordinance of the City of Bangor subject to certain restrictions and/or conditions, a copy of said Council Ordi- nance 89-148 las 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 Park and Open Space Zone to Commercial 2 Zone under the Zoning Ordinance of the City of Bangor, the parties hereto agree as fol- lows. 1. HMZ Associates, their s and assigns, hereby covenant and agree that the u , occupancy antl/ordevelopment of the subject premises, BK4470 PG245 in Addition to other applicable laws, ordinances, or regulations of the City of Bangor, shall be subject to the following restrictions and/or conditions onthe physical development or operation of said propertye A. Area to be used for parking only. B. Parking will be screened from Park & Open Space Area and from Stillwater Avenue, and will be screened with shubbery at least aim feet in height of coniferous nature. C. All areas not paved will be revegetatetl. 2. The Owners hereby agree that the above -stated restrictions, provi- sions,onditions, covenants, and agreements arm made • essential part of igrAgreement, shall run with the subject premises, shall bind the own- ers, their s and assigns, to a of said property o any partwn ors any inters s r r thereof o any interest therein, and any party in possession op occupancy of said property o any pert thereof, and shall inure ug the benefit of, and be enforcmable the City of Bangor, by and through its duly par els o- zd. representatives, and the owner or owners of Any abutting parcels of land. 3. The Owners hereby agree that if they, orany person claiming under or through them, shall at any time violate OP attempt to violate, o shall omit to perform o observe any o on more of the foregoing restric- tions, provisions, conditions, covenants, and agreements, the City of Bangor and the abutting landowner(s) shall have the fallowing remedies, which may be exerclud by the City of Bangor either jointly on 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 theZoning 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 aviolation of said Zoning Ordinance and shall be subject to the penalty provisions pf 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 antl/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 and equitable actions and all other lawful process for the enforcement of the same. The Owners further agree that the failure of the City of Bangor or the owner or of abutting parcels to object to any violation, however longcontinued, or to enforce any restrictions, provisions, conditions, BK4470 PG246 covenants, or agreements containedinthis Agreement shall im he event be deemed awaiver m 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. 4. The City of Bangor and the Owners hereby agree that the provi- ®of this Agreement shall remain in full force and effect until such time as the s 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 be 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. S. 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 promises is changed by the City Council, any use established under the provisions outline in para- graph ar-graph 1, subparegraphs A., B., and C., above,subject to the restrictions, provisions, conditions, covenants, and agreementsrae contained in this Ag - ent, shall be allowed to continue as a nonconformity on a nonconforming use, whichever the case may be, in acordance with the provisions of the Zoning Ordinance, a may be in effect at the time of said zone change, governing the same. 6. The parties hereto hereby agree, for themselves, their successors a and assigns, to w any and all rights to challenge the validityof Council Ordinance 89-148 (as amended) or the terms of this Agreement. 7. The parties hereto hereby agree that if onof the restrictions, e previsions, conditions, covenants, and agreements, up portions thereof, contained in this Agreement is for any r n held Invalid o unconstitu- 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 1, subparagraphs A. B. and C., above, ape invalidated or such other provision is validated s s to constitute a material changein the restrictions, provisions, conditions, covenants, and agreements negotiated by and be- tween the parties, the City of Bangor or abutting land owners shall have the power to seek a reversion and/or change of the zoning nof the subject premises to the current zoning classification as may be in effect at the time of the processing of any such reversion e and/or change. Said rever- sion - sion antl/or change may be initiated bya representative of the Cityofr Bangor or an abutting property owner to the subject premises, shall be processed in accordance with the procedure established for an amendment to the zoning Ordinance in affect at the time, and shall be evaluated i accordance with the criteria established for the review of :nchange applications. It being the intent of the parties hereto that the owner shall not be allowed to benefit from the z change for the subjecpre- mises in the event that the City of Bangor on abutting land owners are deprived of the conditions negotiated to minimize the negative external - ti es of the requested rezoning. BK4470 PG247 8. 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. IN WITNESS WHEREOF, this Agreement has been oxecutRd and delivered as of the day and year first above written. 4 Witness NOON bf?, r' STATE OF MAINE HMZ Associates BY Sheldon E. Hartstone Its Managing Partner CITY OF BANGOR `(��_ ByN�y/ffAjQ KK/. Edward A. Barrett Its City Manager Penobscot, as., f ne, u 1 1989 Then personally appeared the above-named Sheldon L. Hartstone and acknowledged the foregoing to be his free act and deed. STATE OF MAINE Penobscot, as. Before m IW. Q. Printed Name;' ws., A. Alumil Notary-PobitC Attorney at Law 1989 Then personally appeared the above-named Edward A. Barrett and acknowl- edged the foregoing to be his free act and dead in him said capacity am City Manager and the free act and deed of said City of Bangor. Before me, A %me:i' Printetl Na Notar9-PbbYl'c_ e Attorney at Law B0470 DG248 ENLARGED 89-148 C2` \ 11 :MAJLL AUBLVO P&O TO C2 „� CONTRACT BK4470 PG249 89-148 (AMENDED) Amipped to Councilor Stone u CITY OF BANGOR (TITLE.) Or1R aM-go Amending zoning Ordinance ... Stillwater Avenue _....... __. Be it mdoivd by d City Coaazdl ofth< City of Danger, as follows: 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 part of a parcel of land located at 861V Stillwater Avenue (Tax Map No. R-61, Part of Parcel 9F) from Park and Open Space Zone to Commercial 2 Zone. Said part of a parcel containing approximately 460 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 fallowing limitations and/or restrictions: A. Area to be used for parking only. B. Parking will be screened from Park & Open Space Area and from Stillwater Avenue. Screened with Shnbery at least x feet in height C. All areas not paved will be ievegetated. 2. Execution by those parties with an interest in the affected property of an agreement providing for theimplementation 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 executed and recorded within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. `TAiY CLERK'S ORKI PASSED AS AMENDED IS SEC. # 2 OF 001MMACS QG �L &CNnOx, mnlrvE Screened with 6 Ft. Shnbery of Coniferous Hature ''��11 MAY 5 7988 A twill CCIY. ATIVo EXHIBIT S aLLfb 1 " !' any neo[ BK4470 rc250 e9-148 C2 ��'�► PJ(G PENOBSCOT. Ss REC0�` 09 JUN 30 PND 57 i 1 REA ENLARGED FL - -� :,RC2 y 1 / °C Dep 9y 1 i ;I p BANGOR � 1 MALI 'MALL BLVD 1 GO P&O TO C2 CONTRACT