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HomeMy WebLinkAbout1986-12-08 87-33 ORDINANCEB]-33 Introduced by Co uwilor Frankel, December 8, 19% CITY OF BANGOR (TITLE) Orbinwirat 99 Center Street Be (t ordained by the City Cousn of the City offtmoar. sa folbun: THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated September 23, 1974, as amended by hereby further amended as follows: By changing a parcel of land located at 99 Center Street .(Tax Map No. 40, Parcel No. 105) from Commercial 1 Zone to Commercial 2 Zone. Said parcel containing approximately 7,400 sq. £t. and being more particularly indicated on the map attached heretoand 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 bon- _ ditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions. a. Upon approval by the Planning Board and City Council, the applicants and the City shall execute contract getting forth the conditions of the contract zone. I. The applicants and their successors and assigns will operate a retail business to be conducted withinthe building. C. Adequate off-street parking shall be suppliedwithin the terms of Article 21, Section 5(2)(k) of the. Bangor Zoning Ordinance. d. The property shall not be used by ,the applicant or any of their successors or assigns as a restaurant or a bar. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforce- ment of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by. the property owners, 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 sixty (60) days from the date Of passage hereof, this. Ordinance shall become null and void. A' in City Council December 8,1986 Referee to Planning Board consider Oe emDe= 30,1986 y Cle= IN CITY COUNCIL December 30, 1986 Peau as Aserge3 by the following Yes and no votes. Councilors voting yes, Burson, Com, F=a N[el, Lebwits, sawyer, Shubert, Sullivan, Tilley and Wille CITY `LEAK 8]-33 ORDINANCE ( TITLE,) St DEC 4 ..., are a� cw".ea: COW Ca 3Y S 8]-33 (AMENDED) CITY OF BANGOR (TITLE) te/rA}U =2T Amending zoning Ordinance ,,,,,,, Be a ordaiad by W City OmwO of W City ofBammr, as (oYmm: 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 99 Center Street (Tax Map No. 40, Parcel No. 105) from Commercial 1 Zone to Commercial 2 Zone. Said parcel containing approximately 7,400 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 con- ditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restriction. I. Permitted Uses Proposed By Applicant: (a) any business or professional office (d) community service organizations (g) any other retail or service business conducted within a building, with no goods ormaterials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale, with outdoor display area limited to 1% of gross floor area of the building (h) accessory uses on the same lot and customarily inci- dental to and subordinate to the above uses (i) A commercial use located on premises containing a mixed residential and commercial use II. Prohibited Uses Proposed By Applicant: 1. a bar 2. a restaurant 3. any of the special exception uses in Chapter. VIII, Article. 12, Section 3(2) III. Other Conditions Proposed By Applicant 4. existing. fencing around the parking lot shall remain 5.. only the first floor shall be used for the above permitted uses 6. hours shall be commensurate with a retail operation 7. adequate parking shall be provided as required by the Zoning Ordinance. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforce- ment of all the terms andconditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the proposed owners, 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 sixty (60) days from the date of passage hereof, this Ordinance shall become roll and void. CITY MALL BANGOR, MAINE EMIR TEL 207 19474001 Please be advised that the Planning Board at its regular meeting on Monday, December 15, 1986, held a public hearing onthe above contract zone change request. After considerable discussion as tothe permitted uses in the Commercial One and Commercial Two Zones, the Planning Board voted five -Ch Favor and none opposed to recommend approval of the above contract zone change request (as amended}: NOTE: A copy of C.O. # 87-33(Amended)is. attached. BangnS Moi" — New E.gi..d Gmwtl, Cewff 7 ROPONOY 0, MORAY DIMPROr JOHN W LORD PMM "' (Eau of Pansar, Oauv Ev µ .. DEPARTMENTvixoa co.xuxiry o.vs.orx.xr DATE: December l9 1986 TO: The Honorable City Council FROM; The Planning Board SUBJECT: Amending Zoning Ordinance Contract Zone Change 99 Center Street Council Ordinance 87-33 CITY MALL BANGOR, MAINE EMIR TEL 207 19474001 Please be advised that the Planning Board at its regular meeting on Monday, December 15, 1986, held a public hearing onthe above contract zone change request. After considerable discussion as tothe permitted uses in the Commercial One and Commercial Two Zones, the Planning Board voted five -Ch Favor and none opposed to recommend approval of the above contract zone change request (as amended}: NOTE: A copy of C.O. # 87-33(Amended)is. attached. 87-33 LIM CUMBERLAND C&I y R4 'i m m m 1 Cl TO C2 ff A -' -t 67-33 APPLICATION FON EDNINO ORDINAN08 AND MAP AMM1 DOEWT 70: THE CITY COUNCIL AND -DATE November 21, 1986 THE PLANNING BOARD OF RANCOR, MAINE: 1. I David N. Price 2. of 100 Centex Street Ban ox, Maine 04401 942-5291 A ase C ty or ostf cy, Telephone TU hereby petition an emend the zoning ordinance o}[ the Cita of Bangor, Maine by property yi�outlined from C=1 zona to the'. -ere 0, act t of the property outlined n rei L on iso maps attached ere o, eL er¢ part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 99 Centex Street Total Area (acres or square fee.) 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 Ede. East of Pine Street Northeastern side of Center Street 5. LEGAL DESCRIPTION OF PROPERTY Assessors Map No. 40 Parcel 105 METES and BOUNDS - (Attach s separate sheet) 6.. EXISTIN3 ME: formerly community service organization 7. PROPOSED USE: Antique shop B. NAME AND ADDRESS OF OWNER OF RECORD: Neas David N. Price Address 100 Center Street 9. HANE AND ADDRESS OF CONTRACT OWERE (if such): 10. SIGNATURE OF DOM OR CONTRACT OWNER: :,Yrt E RETURN FOM AND DUPLICATE TO PLANNING DIVISION CITY HALL BARBER MAINE Action for a zonlog change will be initiated with the Bangor City Council and referred to the Beggar Planning Board. Statutee require a Public Hearing before the Planning Board, after a public advertising (at least 10 days prior to such public bearing), for all charges to the zoning ordinance of the City of Bangor. The re- commendation of the Planting Board is than returned to the Bangor City Council for final action. Application Fee: Processing Advertising Total Zone Change $ 90.00 $ 40.00 $130.00 Contract Zone Change 90.00 200.00 * _ $290.00 * Two Ads Required B]-33 CONDITIONS 1. Upon approval by the Planning Board and City Council, the applicants and the City shall execute a contract setting forth the conditions of the contract zone. 2. The applicants and their successors and assigns will operate a retail business to be conducted within the building. 3. Adequate off-street parking shall be supplied within the terms of Article 21, Section 5(2)(i) of the Bangor Zoning Ordinance. 4. The property shall not be used by the applicant or any of their successors or assigns as a restaurant or a bar.