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HomeMy WebLinkAbout1987-02-09 87-74 ORDINANCE87-74 Introduced by Councilor Frankel, Fabrvary 9, 1987 CITY OF BANGOR (TIRE.) (Orlb[1MC2t .....R.:. endin% Zoning Ordinance.._ & it ordaiwd by W City Caused Of city ofBanpor, as(otlw r THAT the zoning boundary ,lines as established by the Zoning Map f the City of Bangor dated September 23, 1974, as amended, be hereby further amended as follows: By changing a parcel of land located on Hammond Street (Tax Map No. 13, Parcel No. 77) from Commercial 1 Zone to Commercial 2 Zone. Said parcel containing approximately, 17,500 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, Ordinancesof the City of Bangor, said change of sane is grantedsubject to the,following condi/ tions: 1.. The use and/Prration of the subject premises shall. be subject to the following limitationsand/Pr restrictions. a. The use and occupancy of any building erected on the premises shall be limited to the following: 1) Financial institution with no more than two. service windows or facilities providing service directly to a customer in a motor. vehicle; 2) Business or professional office; or 3) Retail or service business conducted within a building, with no goods or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale, with outdoor display area limited to 1% of the gross floor area ofthe building. For the purposes herein, retail orservice business shallnot include a restau/ rant, an establishment which serves alcoholic beverages for consumption on the premises, a gasoline service station, a retail auto service, or an animal clinic. b. Any building erected on the premises shall not exceed 3,000 square feet in grass floor area. C. Any use established on the premises shall not be open to the public between the hours of 1:00 a. and 6:00 a.m., 'except that the service windows. or facilities of a financial institution: may be available for self-service during said hours. 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 ninety (90) daysfrom the date of passage hereof, this Ordinance shall become null and void. 87-74 ORDINANCE ( TITLE,) Ane,wina zoning Crdinance Hammond '87 FE8-5 VI street RECEIVED CITY Of BANGOR CITY CLERK IN CITY caRnIL February 9, 1987 Referred to Planning Board - Co me inggqq.... er n LFRK In City Owmil Fetimery 23,198.1 consider mA meeting C'ty Cler �a— In City Council Mercb 9,1987 - passed Vote 7 yes 1 No 1 Abient Voting Yes erwn,FraMd, Lek9xitz,SbsNext,Snlllvai Tilley,Nilley Voting No Com Absent City lark( 1 _ B"911,,em.. - v,,,. e.sro.e comm C"m. RODINEYMMOKAY CITY WALL MMU, LONDON. MAINE CARL JOMN M. LORD w�... Vq of Pangns, Ain TEL. M7 DATE: February 20, 1987 TO: The Honorable City Council FROM: The Planning Board RE: Amending Zoning Ordinance Contract Zone Change Hammond Street Council Ordinance No. 87-74 Please be advised that at the request of the applicant, the Planning Board at its meeting of February 19, 1987voted unanimously to continue the public hearing for the above contract zone change request to its next regularly scheduled meeting on March 2, 1987. Bow¢,,.. mae,, - N w r„gm„ a c.owm cn„n DATE:. 'March 4, 1987 70: - The Honorable City Council FROM: The Planning Board SUBJECT: Amending Zoning Ordinance Contract Zone Change Bemused Street Council Ordinance No. 87-74 NOWNRY 0, MI CITY HALL DNC,B BANGOR, MAINE BART JOHN a. LORD *E...o,,..,a,., MI MCI O k of Pangor, Antme DATE:. 'March 4, 1987 70: - The Honorable City Council FROM: The Planning Board SUBJECT: Amending Zoning Ordinance Contract Zone Change Bemused Street Council Ordinance No. 87-74 Please be advised that the Planning Board at its regularly scheduled meeting on March 2, 1987, held a public hearing on the above request. After careful consideration ofthe nature of the area, and its proposed use in the Comprehensive Plan, the Board voted three in favor and two opposed to recommend approval of the above contract zone change request. n M. ord Planning Officer 87-74 RI 0� X SRI . v�. v4 ` w --7C 2 C2 - i C I�� C I R HAMMOND STREET CI J PJB R4 R2/ CI TO C2 f7- 7�1 CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of March , 1987, 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 SHELDON L. HARTSTOME, of Bangor, County of Penobscot, State of Maine WITNESSETH: WHEREAS, Sheldon L. Hartstone is the owner of record of a certain parcel of land situated in Bangor, County of Penobscot, State of Maine, said land being located on Hammond Street and being identified on City of Bangor Assessor's Map No. 20, as Lot 77. Reference may be had to a deed recorded in the Penobscot County Registry of Deeds in Volume Page - , Eor a more particular description of said land; and WHEREAS, pursuant to 30 M.R.S.A. Section 9962 121111 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 zone change, so-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 17,500 sq. ft., all as set forth in Exhibit A attached hereto and incorporated herein by reference, from Commercial One Zone to .Commercial Two Zone. under the Zoning Ordinance of theCityof Bangor, said application proffering certain conditions or restrictions relating to the physical development and/or operation of the 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 87-_, whereby it reclassified the subject premises from Commercial One Zone to Commercial Two Zone under theZoningOrdinance of the City of Bangor subject to certain restrictions and/or conditions, a copy of said Council Ordinance 87- 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 Commercial One Zone to Commercial Two Zone under the Zoning Ordinance of the City of Bangor, the parties hereby agree as follows: 1. Sheldon L. Hartstone, his successors and assigns, hereby covenant and agree that the use, 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 conditions on the physical development or operation of said property: a) The use and occupancy of any building erected on the premises shall be limited to the following: 1) Financial institution with no more than two service windows or facilities providing service directly to a customer in a motor vehicle. 2) Business or professional office: or 3) Retail or service business conducted within a building, with no goods or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale, with outdoor display area limited to lg of the gross floor area of the building. For the purposes herein, retail or service business shall not include a restaurant, an establishment which serves alcoholic beverages for consumption on the premises, agasoline service station, a retail auto service, or an animal clinic. b) Any building erected on the premises shall not exceed 3,000 square feet in gross floor area. c) Any use established on the premises shall not be open to the public between the hours of 1:00 a.m. and 6:00 a.m., except that the service windows or facilities of a financial institution may be available for self- service during said hours. 2. The Owner hereby agrees that the above -stated restrictions, provisions, conditions, covenants, and agreements are made an - essential part of this Agreement, shall run with the subject premises, shall bind the owner, his successors and assigns, to or of said property or any part thereof or any interest therein, and any party in possession or occupancy of said property or any part thereof, and shall insure to the benefit of, and be enforceable by, the City of Bangor, by and through its duly authorized representatives, and the owner or owners of any abutting parcels of land. 3. The Owner hereby agrees that if he, or any person claiming under or through him, shall at any time violate or attempt to violate, or shall omit to perform or observe any one or more of the foregoing restrictions, provisions, conditions, covenants, and agreements, the City of Bangor and the abutting landowner(s) shall have the following remedies, which may be exercised by the City of Bangor either jointly or severally: a. The City of Bangor shall have the right to prose- - - cute violations of this Agreement in the same manner that it is authorized to prosecute vio- lations under the Zoning Ordinance of the City of Bangor in effect at the time of said vio- lations. For the purposes herein, a viola- tion of this Agreement shall he deemed a viola- tion 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 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 Owner further agrees that the failure Of the City of Bangor or the owner or owners of abutting parcels to object to any viola- tion, however long continued, or to enforce any restrictions, provisions, conditions, covenants, Or agreements contained in this Agreement shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or violation or as to any breach or violation occurring prior or subsequent thereof. 4. The City of Bangor and the Owner 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. 5. 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 premises is changed by the City Council, any use established, under the provisions outlined in paragraph 1, subparagraphs a), b), and c), above, subject to the restrictions, provisions, conditions, covenants, and agreements contained in this Agreement, shall be allowed to continue as a nonconformity or a nonconforming use, whichever the case may be, in accordance with the provisions of the Zoning Ordinance, as may he in effect at the time of said zone change, governing the same, 6. The parties hereto hereby agree, for themselves, their successors and assigns, to waive any and all rights to challenge the validity of Council Ordinance 89- or the terms of this Agreement. 7. The parties hereto hereby agree that if one of the restrictions, provisions, conditions, covenants, and agreements, or portions thereof, contained in this Agreement is for any reason held invalid or unconstitutional by any court 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 that any of the contracted provisions contained in paragraph 1, subparagraphs al, b), and- c) above are invalidated or such other provision is invalidated so as to constitute a material change in the restrictions, provisions, conditions, covenants, and agreements negotiated by and between the parties, the City of Bangor or abutting land owners shall have the power to seek a reversion and/or change of the zoning of the subject premises to the current zoning classification as may be in effect at the time of the processing of any such reversion and/or change. Said reversion and/or change may be initiated by a representative of the City of 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 in accordance with the criteria established for the review of zone change applications. It being the intent of the parties hereto that the owner shall not be allowed to benefit from the zone change for the subject premises in the event that the City of Bangor or abutting land owners are deprived of the conditions negotiated to minimize the negative externalties of the requested rezoning. 8. Except as expresaly 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 replaclement thereof. IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. --------------------- Witness Sheldon L. Hartstone CITY OF BANGOR --------------------- BY_____ witness John W. Flynn Its City Manager STATE OF MAINE Penobscot, as. 1987 Then personally appeared the above-named Sheldon L. Bartstone and and acknowledge the foregoing to be his free act and deed. STATE OF MAINE Penobscot, as. Before me, Printed Name: Justice of the Peace Notary Public Attorney At Law 1987 Then personally appeared the above-named John W. Flynn and ackcnowledged the foregoing to be his free act and deed in his said capacity as City Manager and the free act and deed of said City of Bangor. Before me, Printed Name: Justice of the Peace Notary Public Attorney at Law - RE(,EIVED JAN 3 0 M7 APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT 87-74 TO: THE CITY COUNCIL AND DATE January 30, 1987 THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. IM)Sheldon L. Hartstone 7. PROPOSED USE: Undetermined Stop s Shop E. NAME AND ADDRESS OF OWNER OF RECORD: Nems c/o Constance Poulin 120 Windsor Ave. Address Augusta, ME 04430 9. NAME AND ADDRESS OF CONTRACT OWNER (if suchl: Sheldon I. Hartstone 25 Thirteenth St. Be ox, ME 04401 10. SIGNATURE OF OWNER OR CONTRACT OWNER: C 11. REPRESENTATIVE OF APPLICANT: NameThomas A Russell Esq. sq o— (if applicable) P.O. BOx 702 Address Bangor, ME 04401 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. (SEE ATTACHED SHEET) RETURN FORM s DUPLICATE TO PLANNING DIVISION, CITY HALL BANGOR ME Application Fee: Processing 2. of 25 Thirteenth St. Bangor, Maine 942-3201 Address Cnty or Post Office Telephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from C-1 zone to the C-2 zone the property-3u�tlinedin red on the maps attached hereto, which are part Of this application, and described as follows: Tax Map 13, Lot 77 3. ADDRESS OF PROPERTY (if any) Total Area (acres or square feet 17.500 s a ft 4. PROPERTY LOCATION (General Description): Example - South side of . State Street 400 yds. East of Pine Street North side of Hammond Street, approximately 185 feet easterly of Thirteenth Street 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. 13 Parcel 77 6. EXISTING USE: Vacant Lot 7. PROPOSED USE: Undetermined Stop s Shop E. NAME AND ADDRESS OF OWNER OF RECORD: Nems c/o Constance Poulin 120 Windsor Ave. Address Augusta, ME 04430 9. NAME AND ADDRESS OF CONTRACT OWNER (if suchl: Sheldon I. Hartstone 25 Thirteenth St. Be ox, ME 04401 10. SIGNATURE OF OWNER OR CONTRACT OWNER: C 11. REPRESENTATIVE OF APPLICANT: NameThomas A Russell Esq. sq o— (if applicable) P.O. BOx 702 Address Bangor, ME 04401 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. (SEE ATTACHED SHEET) RETURN FORM s DUPLICATE TO PLANNING DIVISION, CITY HALL BANGOR ME Application Fee: Processing Advertising Total Zone Change $90.00 $ 40.00 = $130.00 Contract Zone Change 90.00 200.00' = $290.00 '`Two Ada Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 8]-]4 CONTRACT ZONE CONDITIONS The applicant proposes that the physical development or operation of said property be subject to the following restrictions and/or conditions: 1. The use and occupancy of any building erected on the premises shall be limited to the following: a. Financial institution with no more than two service windows or facilities providing service directly to a customer in a motor vehicle; b. Business or professional office; or C. Retail or service business conducted within a building, with no goods or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale, with outdoor display area limited to 1% of the gross floor area of the building. For the purposes herein, retail or service business shall not include a restaurant, an establishment which serves alcoholic beverages for consumption on the premises, a gasoline service station,'a retail auto service, or an animal clinic. 2. Any building erected on the premises shall not exceed 3,000 square feet in gross floor area. 3. Any use established on the premises shall not be open to the public between the hours of 1:00 a.m. and 6:00 a.m., except that the service windows or facilities of a financial institution may be available for self-service during said hours.