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HomeMy WebLinkAbout1984-02-27 84-101 ORDINANCEM-101 IntrodUced by councilor Jordan, February 27, 1984 CITY OF BANGOR (TITLE) (PrbinUtItto Amending Zoning Ordinance 329, Mt. Hope Avenue _,_„_,,, Bea ordai by CityC avW ofVe Cop dBamor, as foolows: THAT the zoning boundary linea 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 parcpfland a a ' Mt. e' Avenue (Tax tsar, R-63,artofParcel o4)fromResidential 1 Zone to Industrial al 2 Zone. Saidpant of a parcel containing approximately a reo and being more particularly indicated on the map attached: hereto as Exhibit A and made a part hereof. PROVIDED, HOWEVER, THAT 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. Restrict use to broadcast related business only. b. Limit the proposed parking to the areas shown on the attached sketch (an actual description of the location of the parking areas for inclusion in the contract will be provided later if necessary).. Said sketch attached hereto as Exhibit B. 2. Execution by those parties with an interest in the affected property of an agreement providing for the 'mlamentation 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. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF. THE CITY OF. BANGOR THAT this Ordinance amendment shallbecome effective upon the recordation of an executed copy of the aforementioned agreement in the Penobscot County Registry of Deeds or at such time as the same becomes effective pursuant to the provisions of the City Charter of the City of Bangor, whichever is later. 84-101 ORDINANCE In City Council February 27,1984 ( TITLE,) Amending Zoning Ordinance 329 Mt Hope Ave. Eefered to Planning board Consider ext regular meeting . Chairman Willey Abstained r r am ami faw e C Clerk In City Council March I2,I984 - ilea' Passed Vote 8 Yes l Abstained Voting Yes Beom,Cox,Oavis, - Frankel, dordan,Mt Carthy, Ttlley,Wbee Lm, Abstaining Willey - - - City Clark 84-101 WME m P �Mwa i, rom. M, ON M� Rol TO 1e2 EXHIBIT A / yR I �I I I �I i �[ �Z' REZOIJ6 TO i -L PN'v<A `� j � iCEMA141pEii OG LST lD Pf3nNY K-1 ITE FLAM FOR PROPO.'SED IMFROO�//EMEQ-r±) AT WI..:ESZ STATIq.I MT. HOFS PV=./ gAUCJ OR UHIBIT B Qq -101 APPLICATION FOR ZONING ORDINANCE AND NAP AVEN➢MENT RECEIVEDFEB 1 7 1984 TO: THE CITY COUNCIL AND DATE Febmary 13. 1984 THE PWNNI9G BOARD OF BANGOR, MAINE: 1. I (WE) 2. of 329 Mt. Mope Ave. Box 934 Bangor, Maine 942-4821 sae City or Post cea ne hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from R-1 none to the 1-2 none the property outlined n red 'cne maps attached re , Wareot of this application, and described as follows: 3. ADDRESS OF PROPERTY (If any) 329 Mt. Hope Ave. Total "as (acres or square fat� 7 acres 4. PROPERTY LOCATION (General Description): Example - South aide of State Street ADD Yda. East of Pine Street On south side of Mount Hope Avenue, 400'1, east of Howard Street. 3. LEGAL DESCRIPTION OF PROPERTY Assessors Map No. R-63 Parcel Lot 4 - METES and BOUNDS - (Attach a separate sheet) 6. - REISITHG USE: Broadcasting (since 1954) 7. PROPOSED NSE: Broadcasting S. NAME AND ADDRESS OF OWNER OF RECORD: Nome W1 -8Z Televis ton Inc. Address Box 934. Bangor, Maine 04401 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): .i _i,.v 10. SIGNATURE OF OWNER OR CONTRACT OWNER: RETURN FORK AND DUPLICATE TO PLANNING DIVISION CITY HALL BANGOR MAINE Action for a zoning change will be initiated with the Bangor City Council and - referred to the Barger Planning Board. Statutes require a Public Hearing before the Planning Beard, after a public advertising (at least 10 deye prior to such public hearing), for all changes to the sent" ordinance of the City of Bangor. Phe re- commendation of the Planning Board Is than returned to the Bangor City Council for final action. Application Fee; Processing Advertising Total Zone Change $ 70.00 $ 40.00 - $110.00 Contract Zone Change 70.00 200.00 * _ $270.00 * Two Ads Required M-101 C F S CIVIL INGINEERING SERVICES 689 WILSCN SMELT SPEWED..MAINE "412 February 17, 1984 Mr. John Lord City Planning Department Bangor City Hall Bangor, Maine 04401 �'Il:T1wl Dear John: I Attached to this letter please find the application for a. zone change, a -scheme tic layout and a check for $270.00 for property on Mt. Hope Avenue. As described on the application the requested change is for a contract zone change. Provisions to be included as part of the contract will be the following: 1. Restrict use to broadcast related business only Limit the proposed parking to the areas shown on the attached sketch (an actual description of the location of the parking areas for inclusion in thecontract will be provi' '-•-- " necessary). If you have any questions or need further info contact us. Enclosure JWP:ss Very truly o s, aures W. Parker, Project Manager TElt P60NE Rangor, the rmter of Maim—the r9wemy to Maimi Nonb Woods and Sm+hore INEI RODNEY GL McKAY CITY HALL JOHN W LORD *...>a, 1941m.1 ""•90ffw, Cav of �Isngor, cloning DEPARTMENT of PLANNING Pw COMMUNITY DUVILOMMENT DATE: March 8, 1984 - A TO: The Honorable City Council V FROM: The Planning Board SUBJECT: Amending Zoning Ordinance Contract Zone Change 329 Mt. Hope. Avenue WLBZ-TV, Inc. C.O. f 84-101 Please be advised that the Planning Board of the City of Bangor held a public hearing on the above zoning request at its regular meeting of March 5, 1984. After considerable discussion. -fn regard to the conflict between the proposed I-2 Zoning and the Policy of the City's Com- prehensive.Plan for. low-density residential use.in. this residential neighborhood and the mandatory requirements for contract zone , changes established under State Statute. andincluded in the City's Zoning Ordinance, the Boardvoted twoin favor andthree opposed to a motion to recommend approval of the requested zone change. 0/. .1 n M. r Flaming officer e lqr CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of 1984, 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 WLBZ TELEVISION, INC. (hereinafter sometimes referred to as the "Owner'), a Maine corporation with a place of business located at 329 Mount Hope Avenue, in Bangor, County of Penobscot, State of Maine. WITNESSETH: ' WHEREAS, WLBZ Television, Inc. is the owner of record of a certain 4.6 acre parcel of real estate situated in Bangor, County of Penobscot, State of Maine, said land being located at or about 329 Mount Hope Avenue and being identified on City of Bangor Assessor's Map No. R-63 as Lot 4. Reference may be had to '.. deeds recorded in the Penobscot County Registry of Deeds in - IVolume 1631, Page 195 and Volume 1679, Page 143, for a more Particular description of said real estate; and WHEREAS, pursuant to 30 M.R.S.A.. § 4962(2)(2) and Chapter VIII, Article 2, Sec. 8 and Article 21, Sec. 11 of the yaws and Ordinances of the City of Bangor, application was made for a contract zone change, so-called, to reclassify a certain portion of said real estate, said portion consisting of a land area of approximately three (3) acres set forth on Exhibit A attached ihereto and incorporated herein by reference (said portion of the real estate hereinafter referred to as the "subject premises") from a Residential One (R-1) Zone to an Industrial Two (I-2) Zone under the Zoning Ordinance to allow the construction of an addition to the existing television broadcasting facilities and the installation of satellite receiving apparatus on the site, said application profferingcertain conditions or restrictions relating to the physical development and/or operation of the subject premises; and WHEREAS, subsequent to public hearing on the matter, and after due consideration given to the recommendations of the Planning Board, the Bangor City Council adopted Council Ordinance 84-101 (as amended) whereby it reclassified the subject premises from a Residential One (R-1) Zone to an Industrial We (I-2) Zone under the Zoning Ordinance of the City of Bangor sub act to certain restrictions and/or conditions, a copy of said Council, Ordinance 84-101 (as amended) and the restrictions and/or con- ditions contained therein being attached hereto as Exhibit B and 'incorporated herein by reference. NOW, THEREFORE, in consideration of the reclassification of the subjectpremisesfrom a Residential One (R -l) Zone to an Industrial Two (I-2) Zone under the Zoning Ordinance of the City of Bangor, the parties hereto agree as follows: 1. WLBZ Television, Inc., for itself, its successors and assigns, hereby covenants and agrees 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 of the subject promises shall be limited to broadcasting related businesses. 1. b. On site parking shall be limited to the areas. designated for such purpose on Exhibit B of Council Ordinance 84-101 (as amended), C. In the event that the subject premises. ceases to be used for the use set forth in (a) above, the zone classification of said premises shall be eligible for a reversion and/or change to the current zone classification (R-1), or such other comparable zoning classification as may be in effect at the time of the processing of said reversion and/or change. Said reversion and/or change may be initiated by a representative of the City of Bangor or an abutting: landowner to the subject premises, shall be processed in accordance with the procedure established for an amendment to the Zoning Ordinance n effect at that time, and shall be evaluated in accordance with the criteria established forthe review of zone change applications.- 2. The Owner hereby agrees that the above -stated restric- tions, provisions, conditions, covenants, and agreements are made an essential part of thio Agreement, shall run with the sub- ject premises, shall bind the owner, its 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 pert thereof, and shall inure to the benefit of, and be enforce- ilable by, the City of Bangor, by and through its duly authorized representatives, and the owner or owners of any abutting parcels hof land. 3. The Owner hereby agrees that if it, or any person claiming under or through it, shall at any timeviolate or attempt to violate, or shall omit to perform or observe anyoneor more of the foregoing restrictions, provisions-, conditions, covenants, andgreements, the City Of Bangor and the abutting landowner(s) shell 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 prosecuteviolations of this Agreement in the same manner that it is authorized - to prosecute violations under the Zoning Ordinance of the City of Bangor in effect at the time Of said violations. For the'. Purposes herein, a violation 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 osoa,, 0, ownera. of parcels of land which abut the subject. premises shall have the right to institute any and all ' actions or proceedings, including the rightto 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 Owner further agrees that the failure of the. City of Bangor o the owner or owners of abutting parcels to object to any viola- tion, however long continued, or to enforce any restrictions, provisions, conditions, covenant, or agreement 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 oras to any, breach or violation occurring prior or subsequent thereto. 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, re- pealed, 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 ai 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 o£ 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,'. the contracted use outlined in Paragraph 1(a) above, subject to the restrictions provisions, conditions, covenants, and agreements contained in this Agreement, shall be allowed to continueas a nonconformity or nonconforming use, whichever the case may be, in accordance with the provisions of the Zoning Ordinance, as may be in effect at the time of said zone change, governing. thesame. j 6. The parties hereto heregy agree, for themselves, their (successors and assigns, to waive any and all rights to challenge ,the validity of Council Ordinance 84-101 (asamended) 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 the parties hereto hereby ,further agree that in the event the contracted use provision contained i Paragraph 1(a) above is invalidated or such other provision is in- validiated so as to constitute a material change in the restric- tions, provisions, conditions, covenants, and agreements negotia- ted by and between the parties, the City of Bangor or abutting landowners shall have the power to invoke the zoning classifica- tion provisions contained in Paragraph 1 (c) above, it being the intent of the parties hereto that the Owners shall not be allowed to benefit from the zone change for the subject premises in the 'event that the City of Bangor or abutting landowners are deprived of the conditionsnegotiated to minimizethenegative exeer- nalties.of the requested rezoning. I B. 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' o£Bangor and any applicable amendments thereto or replacements thereof. IN WITNESS WHEREOF, this Agreement has been executed and delivered as oftheday and year first above written.. WLBZ Television, Inc. (OWNER) By. Witness Printed Name: Its CITY OF BANGOR By. STATE OF MAINE bscot,. as. - - -1984. Then personally appeared the above-named capacity as of WLBZ Television, and acknowledged the foregoing to be free act and in said capacity and the free act and deed of said WLB2. vision, Inc. - Before me,_ Justice of the Peace Notary Public Attorney at Law STATE OF MAINE Penobscot, as. 1984. Then peracnally appeared the above namedJohn W Elynn and acknowledged the foregoing to be his freeactand deed in his said capacity as City Manager and the freeact and deed of said City of Bangor. Before me, omas A. Russe Attorney at Law.