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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 // f Cwrct� N i, , F 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