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
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Rol TO 1e2
EXHIBIT A
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�[ �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.