HomeMy WebLinkAbout1989-07-24 89-326 ORDINANCEinion
lle[a A+ ust 8. 1889 Item No. 89-326
ItmdSuhjee[: Amending Zoning Ordinance - Contract Zone Change - 12 Stillwater
Avenue - C.C. q 89-326 (As Amended)
RenionsIble Oapartment: Planning Invision
Commenpryn
The Plarming Board held a public hearing on the above contract zone change
at its regularly scheduled meeting of August 7, 1989.
Paul Rudman, Esq., representing the applicants, spoke in favor of the
contract none change request. He discussed a set of amended contract
conditions with the Beard that addressed concerns of the Staff.
After cBeeful review of the area ard the sheeted set of contract conditions
as proposed, the Planning Board voted five in favor and none opposed to
recommend to the City Council that C.O. q 89-326 (As Amended) be approved.
em Hevd
Maneyeri Commanv: pA � ,d 1 ,A e. p _ e
CirY M^vpo
Asweiated Inierwmtion:
Budget Approval:
Finn repiRno
Legh Approval:
A%+�irY Sdieimr
Introduced For
®Pamage
❑ First RendingPsge _ of _
❑Referral
a
-326
Ameigned to Couneaor
CITY OF BANGOR
(TITLE.) Mrbin itme, Amanding zoning ordinance
12
& u ordm wad by de c+m cowasa of W City of Basses. aofouow..•
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 a parcel of land located at 12 Stillwater Avenue (Tax Yap No. 46, Parcel
No. 61) (San Residential 4 Zone to Commercial 2 Zone. Said parcel containing approxi-
mately 21,420 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 none is
granted subject to the following conditions.
1. The Use and/or operation of the subject premises shall be subject to the
followisg limitations and/or restrictions:
A. Property shall be used only to provide parking ancessory to the
building located at 12 Stillwater Avenue, Senior, Wine.
B. There shall be no curb cut nor access to property directly from
Essex Street.
C. Parking set back from any residential property shall be 10 feet.
D. Screening will either be by solid fence or evergreens having a -
minimum height of 4 feet at time of planting.
E. No free-standing signs shall be erected upon the property.
2. Execution by those parties with an Interest in the affected property of an
agreement providing for the implementation end enforcement of all the terms and con-
ditions set forth above and the recording of said executed agreement in the Penobscot
County Registry of Deeds by the property rnmar, 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 end void.
In City Council July 24,1989
Faeived 1st readiug
re£ered to planning BoaN
4/
City Clerk
In City mu l August 14,1989
Vote t ares by deleting
tl�e v+0[d F9n„e i
sxibiS, #4nded
t A unser Sesy4
Railed Vote 3 Yes 3 No 3 Absent
`otiiw Yes Saxl,sosnaud,stone
vo" No England,shubert,Tilley
Absent Blancbe[te,Sawyer,aulliven
89-326
ORDINANCE
( TITLE,), AuendL+S9, zoning ordinance
12 StillwaU,r Ave.
Pnmded by aubatitutvm ,
vote 6 yea 3 absent
voting yes. egland,Sax3,SlmbeR,6�navd,stme,
Tilley
ab t Blancbette,Sawyer,Sullivan;
Passed as avenda by sid)atitueion
vote 6 yas 3 absent ..
voting yes Eagle i,Eaxl,SlmbeR,Stone
Sosmud,Tilley
Absent Blanch te,saxye[,sullivan
QAmc!a...�..�
� Cityk
p Anip,ed to
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Cwrct�
N i,
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m
89-326
J. 2 ✓- ➢7
�d
Cq of Panes, Again
DEPARTMENT OF PLAMMIWG AMC COIMUCITY DEVELOPMENT
Dam 4/12/91
Jolm M. I -Ord
wemm.a ORION
Memo To:
Russ McKenna
City
Clerk
9ebjen:
Contract Zone
Change
Agreement - C o
5 89-326 (AdM'e")
Attached is the original copy of the Contract Zone Change
Agreement between the City of Bangor and Sidney and Helen Epstein
for property located on the corner of Stillwater Avenue and Essex
Street.
Please keep thison file with C.O. 9 89-326.(eeh�)
89-326
Asdmoed to CouncJor Sommud, July 24, 1989
CITY OF BANGOR
;TRLu (ornimm, Amending Zoning, Ord nance. 2
12 Stillwater Avenu<
;Ba R ordained by W CRY Cowa%W of My ofBasssen a Poilowe:
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 a parcel of land located at 12 .Stillwater Avenue (Tax
Map No. 46, Parcel No. 61) from Residential 4 Zone to Commercial 2
Zone' Said parcel containing approximately 21,420 sq. ft, and being
more p.rticularly 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. Property shall be used only to provide parking
accessary to the building, located. at 12 Stillwater
Avenue, Bangor, Maine.
B. There shall be no curb cut nor access to property,
directly from Essex Street.
2. Execution by those parties with an interestin 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 is the Penobscot County Registry of Deeds
by the property owner, a copy of said agreement being an file is
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 thedate of ,passage hereof, this
Ordinance shall become null and void.
Lum...
AMENDED EXHIBIT A
Conditions to Proposed
Contract Zone Change
1. Property shall be used only to provide parking
accessory to the building located at 12 Stillwater Avenue,
Bangor, Maine.
2. There shall be no curb cut nor access to property
directly from Essex Street.
3. Parking set back from any residential property
shall be 10 feet.
4. Screening will either be by solid fence or
evergreens having a minimum height of 4 feet at time of planting.
property. S. No free-standing signs shall be erected upon the
RECEIVED AUG 0 219
89-326
;F�®
R4 TO
'APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE June 30, 1989
THE PLANNING BOARD OF BANGOR, MAINE:-' NO.
1. ISMS) Sidney Epstein and Helm Epstein, Trounces of Stillwater Realty Trust
2. of 45 Oak Street, P.O. Bax Ill, forgot, ME 04401 947-6737
Adtlress City o[ Poat Of ce Tel ep one
hereby petition to amend the zoning ordinence of the City o£
Bangor, Maine by reclassifying from R_p sone to
the c-2 zone Che prepertycut Ind' eT on the maps
attac ed�he[eto, which are part of this application, and -
described as follows:
3. ADDRESS OF PROPERTY (if any)
Total Area (acres or squar-e-f-ee-tT 21,420 sa a feet
4. PROPERTY LOCATION (General Description): Example - South side of
State Street 400 yds. East of Pine Street
West side of Essex Street, 73'-north of Stillwater Avenue
5. LEGAL DESCRIPTION OF PROPERTY-Assessors Map No. 46 Parcel 61
6. EXISTING USE: Vacant lot -
7. PROPOSED USE: Parking accessory. to building at 12. Stillwater Avenue
S. NAME AND ADDRESS OF OWNER OF RECORD: Name :Applicant
Address As Above
9. NAME AND ADDRESS OF CONTRACT OWNER (if such): As Above
10. SIGNATURE OF OWNER OR CONTRACT OWNER:
11. REPRESENTATIVE OF APPLICANT: :Name Paul L. Rudman W4. I
(if applicable)
Address 84 Harlow Street, Bangor, ME 04401
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN .FORM 6 DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR ME.
Application Fee: Processing Advertising Total
Zone Change $90.00 $ 50.00 _ $140.00
Contract Zone Change 90.00 250.00' _ $340.00
'Two Ads Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
Item -No. B: Zone Change - 358 Essex Street - Stillwater Realty
Trust
a. Applicant requests a change in zning from Residential 4
Zone to Commercial 2 Zone subject to certain conditions and
limitations for a half acre parcel located near the c
Of Essex Street and Stillwater Avenue. orner
It. The proposed contract conditions are as follows:
The property shall be used for accessory parking only.
There shall be no access from Essex street.
C. The lot in question is located off Essex Street next to an
existing commercial building (former home of the Red
Croso).The City's land use Policy indicates this parcel a
proposed far high density residential. Presently the lot i
vacant and provides very little buffer between Essex Street
and the commercial property a it is a out lot of the com-
mercial parcel abutting it on the west n(to the rear) and to
the south.
d. Staff would "commend if the Board finds the proposed r -
ing acceptable, it consider the following additionaln
conditions:
That the parking setback from any .'residential property be 10
feet.
That required screening be a minimum of four feet high at
time of planting and of an
evergreen variety.
That no fee* standing signs be permitted on the lot in ques-
tion.
e. Staff would recommend the Board act favorably on the pro-
posed contract zone change request and would recommend the
Board consider adding the above noted conditions.
IN CITY COUNCIL
aK4523 PGt 16 August 14, 1989 89-326
passed as amended by Substitution '(As AMENDED)
a cPy A to councilor
erN CITY OF BANGOR
(iIiLU (ffiXDII[PI W nmgnaing zoning. OrTir"Ce__....... __..........
12 Stillwater Avenue
Be it ordained by tine City Counci/ Of W Cih OfBdesse- as foilowe:
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 follower
By changing a parcel of land located at 12 Stillwater Avenue (Tax Map No. 46, Parcel
No. 61) from Residential 4 Zone to Commercial 2 Zone. Said parcel containing approxi-
mately 21,420 sq. ft. and being more particularly indicated on the map attached hereto'
and made a pert 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 new and/or operation of the subject premises shall be subJect to the
following limitations and/or restrictiens:
A. Property shell be used only to provide parking ancessory to the
building located at 12 Stillwater Avenue, Bengor, N[wine.
B. There shall be no curb cut nor access to property directly from
Essex Street.
C. Parking set back from any residential property shall be 10 feet.
D. Screening will either be by solid fence or evergreens having a
minimum height of 4 feet at time of planting.
E. No free-standing. signs shall be erected upon the property.
2. Eaecution by those parties with an interest in the affected property of an
agreement providing for the implementation and enforcement of all the Lerma andcon-
ditions 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 andincorporated herald 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 became null and void.
EXHIBIT B
BO 523 89PU617
I:L
C2
XI R2
flit .-..-----
89-326
A.ipmd to Cowcilrc Baavaud, July 24, 1989
CITY OF BANGOR
(TITLE.) (Drbin rtre, .Amending Zoning Ordinance,,,,,,_,
12 Stillwater Avenue
8e it atloiaad MHa GtiIY Caaro l.ofMw City dBuapw. "Agana.
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 a parcel of land located at 12 Stillwater Avenue (Tax
Map No. 46, Parcel No. 61) from Residential 4 Zone to Commercial 2
Zone. Said parcel containing approximately 21,420 sq. £t. and being
more particularly indicated on the map Attachedheretoand made a
part hereof.
PROVIDED, HOWEVER THAT, in additiontothe 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 limitationsand/or restrictions:
A. Property shall be used only to provide parking
accessory to the building. located at 12 Stillwater
Avenue, Bangor, Maine.
B. There shall be no curb cut nor access to property
directly from Essex Street. -
2. Execution by those parties with an interest in theaffected
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 executed and recorded
within ninety (90) days from thedate of passage hereof, this
Ordinance shall become null and void.
L
C2
x
W
RBCO 1l
PENOBSCOT."RE 'O 1
89 SEP 21 PH 3. 0 ; R4 TO
ATTESTC�pwc�
U V V v -
REGISTER
ett4523 PG 1 19
89-2fi 326
%1t 523 ec11O
027770
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as Of September 11 , 1959, 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 SIDNEY EPSTEIN AND HELEN EPSTEIN$ TRUSTEES OF
STILLWATER REALTY TRUST, under Declaration of Trust dated April 1, 1980,
recorded in Volume 3127, Page 7 of Penobscot County Maine Registry of
Deeds.
WITNESSETH,
WHEREAS, Sidney Epstein and Helen Epstein, Trustees Of Stillwater
Realty Trust, ape the owners Of record of a certain parcel of land
situated in Bangor, County a+ Penobscot, State of Maine, said land being
located on the conmen
of Stillwater Avenue and Essex Street, and being
identified On City of Bangor Asceseor's Map No. 46, as Lot 61. Reference
may be had tO a deed reortletl in the Penobscot County Registry of Deeds i
Volume 3323, Page 176,+or 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 z change,
-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 21,420 sq. ft., all as set forth in Exhibit A
attached hereto and incorporated herein by reference, from a Residential 4
Zone to a Commercial 2Zone under the Zoning Ordinance of the City Of
Bangor, said application proffering certain conditions or restrictions
relating to the physical development and/or operation afthe 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 Council adopted Council Ordinance 89-326 (as amended), whereby
it reclassified the subject premises from a Residential 4 Zone to a
Commercial 2 zone under the Zoning Ordinance of the City of Bangor subject
to certain restrictions and/or conditions, a copy of said Council
Ordinance 89-326 (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 a Residential 4 Zone to a Commercial 2 Zone under the Zoning
Ordinance of the City of Bangor, the parties hereto agree as follows:
OK4523 Pc l l l
1. Sidney Epstein and Helen Epstein, Trustees, their successors and
signs, hereby covenant and agree 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, shall be subject to the
following restrictions and/or condition% on the physical development Or
operation of said property:
P. Property shall be used only to provide parking accessary to the
building located at 12 Stillwater Avenue, Bangor,
B. There shall be no curb cut nor access to property directly from
Essex Street.
C. Parking set back from any residential property shall be 10 feet.
0. Screening will either be
by
solid fence o evergreens having a
minimum height of 4 feet
at
time of planting
E. No iris -standing signs shall
be erected upon the property.
2. The Owners hereby agree that the above -stated restrictions,
provisions, conditions, covenants, and agreements ape made a essential
part of this Agreement, shall r with the subject premiums, shall bind
the owners, their s andnassigns, to v of said Property o any
where successors r r
par[ thereof o any interest therein, and any party in possession o
occupancy of said property v anyny part
t Citythereof, and shall inure to the
benefit of, andzed be resentatienforceable by, the City of or owns by and y abutting Its
dulypart is of land representati vas and the owner or owners of any abutting
parcels of land.
3. The Canape hereby agree that if they, orany person claiming
under or through them, shall at any time violate or attempt to violate, or
shall omit to perform or observe any o of the forogoing
o
astrictions, provisions, conditions, covenants, and tl agreements, the City
of Bangor and the abutting landowner(s)shall have the fallowing remedies,
which may be exercised by the City of Bangor either jointly or severally,
a. The City of Bangor shall have the right to prosecute
violations of this Agreement 1n the same manner that it is
authorized to prosecute violations under the Zoning
Ordinance of the City of Bangor in affect at the time of
said violations. For the purposes herein, aviolation of
this Agreement shall be deemed a violation of said Zoning
Ordinance and shall be subject to the penalty provisions of
said Ordinance 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 and/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
I x4523 RG 112
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 Owners further agree that the failure of the City of Bangor or the
owner or owners of abutting parcels to object to any violation, however
long continued, or to enforce any restrictions, provisions, conditions,
covenants, on agreements contained In this Agreement shall in no event be
deemed awaiver
m
pi the right to do so thereafter as to the same breach or
violation on as to any breach or violation occurring prior to subsequent
thereof.
4. The City of Bangor and the Owners 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 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.
3. 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 z zoning of the subject
premises. In the event that the zoning of saitl premises is changed by the
City Council, any use established under the provisions outline i
paragraph 1, subparagraphs A., B., C., D., and E., above, subject to the
astrictions, provisions, conditions, covenants, and agreements contained
in this Agreement, shall be allowed to continue as a nonconformity on
a
nonconforming u s
whichever the c may be, i accordance with the
provisions of the Zoning Ordinance, case
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 89-326 las amended) or the terms of this Agreement.
7. The parties hereto hereby agree that if onof the restrictions,
e
provisions, conditions, covenants, and agreements, or portions thereof,
contained in this Agreement is for any r n held invalid Or
unconstitutional by any count 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.
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., D.y and E., above, are invalidated or such other
provision is invalidated s s to constitute a material changein the
astrictions, provisions, conditions, covenants, and agreements negotiated
by and between the parties, the City of Bangor or abutting land owners
r
shall have the power to seek a n
and/or change of the zoning
the subject premises to the current zoning classification as maybe i
effect at the time of the processing of any such reversion
and/or change.
Said reversion and/or change may be initiated by arepresentative of the
OK4523 Pc113
City of Bangor or an abutting property owner to the subject premises,
shall be processed in accordance with theprocedure established for an
amendment to the Zoning Ordinance in affect at the time, and shall be
valuated in accordance with the criteria established for the review of
zone
change applications. It being the intent of the parties hereto that
the owner n
shall not be allowed to benefit from the z change for the
subject premises in the event that the City of Bangor or abutting land
owners e deprived of the conditions negotiated to minimize the negative
externalties of the requested rezoning.
a. Except as expressly modified heroin, the use and occupancy Of the
subject premises shall be governed by and comply with the previsions of
the Zoning Ordinance of the City of Bangor and any applicable amendments
thereto or replacement thereof.
IN WITNEBB WHEREOF, this Agreement has been
of the day and year first above written.
91UCU
ss
1 I' /
�.
executed and delivered as
BT LLWATER REALTY TRUST
BztlneYP
E s[ Trustee
Helen EpsteFi n, Trustee
CI TY OF BANGOR
BY L�
Edward A. Barrett
Its City Manager
,
M
Helen EpsteFi n, Trustee
CI TY OF BANGOR
BY L�
Edward A. Barrett
Its City Manager
b%4523 Pc 114
STATE OF MAINE
Penobscot, as.,
Then personallya�ggpeared the
above -names SaJey . !/yaw' efs '✓
foregoing to be ]AFNa free act and deed.
STATE OF MAINE
Penobscot, ss.
SspzN6 z y% , 19B9
and acknowledged the
ear ' ! 's
rinted Name;
0 _e
Notary Public
AeewPRe>
6;za.ry aa. Fp.xtt / iy/9'
SEFT R.2(, 1989
Then personally appeared the above-named Edward A. Barrett and
acknowledged the foregoing to be his free act and tleetl in his said
capacity as City Manager and the free act and deed of said City of Bangor.
Before me, O
Pri a/
Notary Public
Ma cemmunm been Anwam" n "
C& I
Im
R4 _._..
gil
PTI
EXHIBIT A