The URL can be used to link to this page

Home My WebLink About1975-04-14 158 AC ORDINANCE158 AC Introduced by Councilor Sa11w, April. 14, 1975 CITY OF BANGOR `By "o'nant' sea ordained by the City Savona of Us City ofBaayor, as ypmoe: — THAT the rune bcundery lines as established by the Zoning Ordinance of the - City of Bangor be amended ae follows: By changing from Commercial 1 zone to commercial 2 noa parcel of land n the west aide of Broadway north of the intersection of School Street more particularly described on the map attached hereto and made a part thereof. Said parcel being more particularly described as Lots 3A and 4A of Assessors Sheet H-41 with 356 feet frontage on Broadway and containing approximately 3.9 acres. - - ,-/CINm C0dTCIL April 14, 1975 Received 1st and ma readings, referred to -Planning Board. Consider next meeting. 158 AC ORDINANCE f% ( T= Amending zoning Ordinance west side 1975 AFR 10 aM 3:42 Of Broadway (Commercial 1 to Commercial ciY CIERN'S OFFM .ef CITY CUSH IN CITY COUNCIL Irt M] cup -iHi August 25, 1975 IN CITY COUNCIL Zed paragraph amended to read April 28, 1925v T n the plan attached hereto Consider next meeting. .L( add marked exhibit A." 3rd ylw �`" Cbucil�l paragraph deleted. Further mended by adding to performance CITY CLM 9'ryi8 iIYICE t9 CCB'I6Ctly BAfK35@3 been, "That trye_ city Manager Is authorized and directed to IN CITY COUNCIL .. .. . execute an agreement, a copy May 12, 1925 of which is attached hereto and Amended by adding marked Exhibit"B". This ordin- "perform err bons".shall not take effect Voted to consider next til said agreement is enescuted seting by the follwing by the parties and recorded in yes and no vote. Councilors the Penobscot ]&eyY'atry of needs." voting yes: Balaacci, Bigney, Amendments Peased�d by the Mwney-sM Speirs. Councilors C6Mltt� fallowing yes seal no vote. voting n untas, Gas add k4rep%3 QHirtYkCB. Councilors voting yes: Balaacci, Soucy. Councilors absent IN CITY CWNCIL IN CITY COUNCIL Ballou, Bigney, BrountYm, Henderson, Ballou and Henderson. ,lune 23, 1975 August 11, 1925 IMaaney_Soucy, and Speirs. Councilor /1 Consider next meeting. Motion to consider next meting ing ,voting no: Gass. n aids'AA 4m l Passed by the £ollewing yes and no Received lad CITY CURKO' vote: Councilors voting no: Baldacci, reading and CITY CLEPN j and Mooney. Councilors voting yes: final passage IN CITY COUNCIL _ IN CITY COUNCIL Ballon, Bigney, Procures, Gass, Henderson, by the ' May 28, 1925 duly 14, 1975 Soucy and Speirs. following - Considex next meeting. Consider next meeting ] yes and no q pp qq/J.r+. u ,/ vote. // i ten/ !lzt d cxTe Councilors lora EW CITY CLE CITY CITY C voting yes: Bffidaccf ! yes: IN CITY COUN1975 IL Ballad, June 9, 1925 - IN CITI COUNCIL x , Heral, Henderson, consider next meeting. Silly 28, 1995 cnaSy, Soucy and Mooney, Consider next meeting Speirs. Councilor Cun Jz"II^^7UM ting m: Case CITY CLEwe CITY CLEFE 'Baal W senior of Maine ---the Garemay m Maine's Noreb Weeds and Seashore Resorts PLANNING DEPART"CHT May 6, 1975 TO: Honorable City Council MM:Planning Hoard /5YAC Mg Zoning ordinance Amendment - Broadway. Council order #133AA. Gentlemen: Please be advised that the Planning board held a public hearing on the above request on May 5, 1975. The Hoard gave careful consideration to the request and proposal for development as well as consideration to those opposed to the change of zoning. After discussion of the differences in uses allowed in the Commercial 1 and Commercial 2 zones, the effect theproposed develop- ient will have, as well as the development possibilities under exist- ng zoning - the Planning Board voted unanimously to recommend approval of the request for Commercial 2 zoning, indicating also that the bonding requirements of Title 30 NRSA should be applied. Sincerely, ,da 4 Carl ''��pp � Planning Director csH:ue RI ;101 r 9 N 09 m i R4 R4 .� m 362, "s CI R IIIB' '. o� 3>3' yCNO CI C2 R4 RI R I RESIDENTIAL I _ R4 RESIDENTIAL 2 C I COMMERCIAL I C2 COMMERCIAL 2 FROM 01 to G2 CHANGE MISS AIANNIMBNT Provided that this amendment shall not become effective until the developer or owner of the land described herein posts a performance bond in a form satisfactory to the City Solicitor, the amount of said bond to be equal CO at least 251 of the estimated coat of the development. Said bond shall became payable to the City of Bangor if the developer or Owner fails to begin construction in a substantial manner and in accordance with plans presently on file with the City for said development Within one year of the effective date of this amendment. D AGREEMENT entered into this 25th day of August, 1975, by and between the CITY OF BANGOR, a body corporate and politic, of Penobscot County, State of Maine, and FRED P. MURRAY of Bangor, County of Penobscot, State of Maine; WHEREAS, the said Fred P. Murray is the owner of a certain lot or parcel of land situated on the westerly side of Broadway in said Bangor, and having a frontage on said Broadway of approximately 366 feet and a depth. of 490 feet on the southerly side of said lot, and 362 feet on the northerly side of said lot and comprising 3.26 acres, and. WHEREAS, said parcel of land is currently located in a C-1 Neighbor- hood Commercial Zone according to the Zoning Ordinances and Zoning Map of the City of Bangor now in effect, and WNEREHS, the said Fred P. Murray has requested the Bangor City Council to change said zone to a C-2 Commercial Development Zone, and WHEREAS, the owners of residential properties located northerly of said parcel of land are concerned about the uses to which said parcel shall be put if the whole of said parcel is rezoned as requested and would like for a period of years some buffer zone protection between a C-2 zone and the residential zone northerly of said property and other restrictions, and WHEREAS, the said Fred P. Murray is willing to have the northerly 150 feet to said parcel measured along Broadway and with the southerly line thereof parallel with the northerly line of said parcel retained as a C-1 zone if the Bangor City Council rezone$ the southerly portion of said parcel to a C-2 zone and is willing to agree for himself, his heirs, successors or assigns not to petition for a zone change on the said northerly 150 foot parcel for a period of 10 years from the date hereof4 nor to use any of said 3.26 acre parcel of land for any type of food business for said 10 -year period, NOW THEREFORE, an consideration of the covenants contained in this Agreement, the said Fred P. Murray does hereby agree as follows: 1.) In consideration of the Bangor City Council rezoning to a C-2 Commercial Development Zone the southerly portion of the land of the said Fred P. Murray located on the westerly side of Broadway, and being the same premises conveyed to Robert P. Murray by deed of the Home Mission Hoard of the Southern Baptist Convention dated .July 10, 1969, and recorded in Vol. 2165, Page 485, Penobscot Registry of Deeds, and the same premises as conveyed to Fred P. Murray and Elizabeth A. Murray by deed of Norman Robinson and recorded in Vol. 1842, Page 25, Penobscot Registry of Deeds, the said Fred P. Murray agrees not to request the rezoning Of the northerly portion of said parcel of land having a frontage on Broadway of 150 feet and a northerly boundary line of 362 feet and a southerly boundary line running parallel to the northerly boundary line, for a period of 10 years from the date of this Agreement, and further 3.26 acre agrees not to use any of said/parcel of land for any type of food business for said 10 -year period. 2.) This Agreement shall he binding upon the said Fred P. Murray, his heirs, executors, administrators, successors and/or assigns, and shall be put on record in the Penobscot County Registry of Deeds. 3.) The land covered by this Agreement is depicted on a plan which is attached hereto and marked Exhibit "A". This plan shall not be entered for record in the Penobscot County Registry of Deeds but will be placed on file in the Office of the City Clerk for the City of Bangor and will be Captioned "Fred P. Murray - Zoning Agreement Map Land, Whet side Of Broadway." IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. Witness: CITY OF BANGOR By Mer a F. G , is C ty Manage[ du thereunto duly authorized Fred P. Murrey STATE OF MAINE County of Penobscot, as. August , 1975 Then personally appeared the above-named Fred P. Murray and acknowledged the foregoing instrument to be his free act and deed. Before me, Justice of the Peace Notary Public