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
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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.:
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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
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09 JUN 30 PND 57
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CONTRACT