HomeMy WebLinkAbout2005-04-25 05-135 ORDINANCE_COUNCIL ACTION
Date Anril 25 2005 Item No.0sr-135 -
Item/Subject: Amending land Development Cade - Perry Read Industrial Hire Zone Change
from Industry and Service District to Contract Urban Service District
Responsible Department: Planning Division
Commentary:
For Referral to Planning Board Meeting of May 3, 2005, 7:00 P.M.
The applicant, Masonic Temple Assadallon, is requesting a contract zone change for a parcel of
land located on Perry Road. The requested change Is from Industry and Service District to
Contract Urban Indus" District.
Department Head
Manager's Comments:
This proposal involves the new location for the Masonic Building to replace their prior structure
in downtown Bangor.
�Qablia &``//
S--0NA. City Manager
Associated Information: N)
Finance Director
Legal Approval:
C' Soli itor
Introduced For
Passage
First Reading Page 1 Of I
� Referral to Planning Board Meeting of May 3, 2005, 7:00 p.m.
05-135
,Feained tn. Councilor Ramble Aprll 25. 2005
CITY OF BANGOR
(TITLE.) Ordinance, Amending Land Development Code - Peony Road Industrial Orde Zone Change
from 0duffiy and Service Distend to Contract Urban Service District.
Be ita idi ed by Bte 00' ofBarwt as A7ffoNs•
THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated
October 28, 1991, as amended, be hereby further amended as follows:
By changing a parcel of land located on Perry Road (Tax Map No. R-27, Parcel No. 3) from
Indus" and Service District to Contract Urban Industry District, said parcel containing
approxima ely 3.25 acres 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
165-7 of the Ordinances of the City of Bangor, mid 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. The property shall not be used as a wild waste facility, petroleum storage
facility, or junkyard.
B. Minimum Lot Area: 20,000 square feet.
C -Maximum Lot Coverage: 35%
D. Minimum Buffer yards, Side & Rear: Maintain 25 feet of existing vegetation
(trees & shrubs).
E. Maximum Building Height: 50 feet
F. Maximum Impervious Surface Ratio: .7
G. Maximum Poor Area Rabo:.6
H. Minimum front yard setback: 50feet.
I. Minimum Side Yam Setback, one side 30 feet, sum of side yards g0 feet.
IN CIW COUNCIL
April 25. 2005
First Heading
R red to Planing
m d
cin CL `
XINN JTY pMUUNCIL
NBciva2tla°de and Seconded
for Passage
vote 8 yes. 0 no
Councilors voting yea:
Allen. Casheell, O'Ercico,
Parrinton. Grateick, Hawes,
Stone. Trenble
Councilors voting no. none
Ps d
R cIfg
OR019ARCE
(TITLE,) Amendina lend Nevelament case -
Perty geed Industrial Circle Zone Mann
free Industry and Service OLti£Ct to
AWBnsdto Councllor / ^I.elg
BK 9999 P9272 629663
07-26-2005 d 03=370
05-135
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of VUIy 25 , 2005, by the CITY OF
BAp
BANGOR, a municipal corporation with A place of business located
at 73 Barlow Street, in Bangor, County of Penobscot, state of
Maine, AND, MASONIC TEMPLE ASSOCIATION, a Maine Corporation
having a principal place of business in Bangor, County of
Penobscot, State of Maine
WITNESSETH:
WHEREAS MASONIC TEMPLE ASSOCIATION is the owner of record of
a certain parcel of land situated in Bangor, County of Penobscot,
State of Maine, said land being located at or about 300 Perry
Road and identified on Assessors Map R-27, as Parcel No. 3(said
land hereinafter referred to as the ^subject premises").
Reference may be had to a Warranty Deed recorded in the Penobscot
County Registry of Deeds in Volume 9977, Page 123 for a more
particular description of said land; and
NHEREAS, pursuant to 30-A M.R.S.A. Section 4352 and Chapter
165-7 of Codes of the City of Bangor, application was made for a
contract zone change, so-called, to reclassify said parcel of
land comprising a land area
of 3.25 a all a set forth i
Exhibit A attached hereto and incorporated herein by reference,
from an Industry & Service District to a Contract Urban Industry
District under the Land Development Code of the City of 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 r mmendations of the
Planning Board, the Bangor City Council adopted Council ordinance
05-135 whereby it reclassified the subject premises from an
Industry and Service District to a Contract Urban Industry
District under the Land Development Code of the City of Bangor
Subject tO certain restrictions and/or conditions, a copy of said
Council Ordinance 05-135 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 reclaSif ication of
the subject premises from an Industry and Service District to a
Contract Urban Industry District under the Land Development Code
of the City of Bangor, the owners agree as follows:
1. MASONIC TEMPLE ASSOCIATION (hereinafter referred t0 as
the "OWNER") for itself, its heirs, personal representatives,
successors, assigns,and lessees, hereby cants 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 conditions on the physical development
of the property:
A. The pmperty shall not be used as a sold waste facility, petroleum storage
facility or junkyard.
B. Minimum Lot Area: 20,000 square feet.
C. Maximum Lot Coverage: 35%
D. Minimum Buffer Yards, Side & Rear: Maintain 25 feet of existing
vegetation (trees & shrubs).
E. Maximum Building Height: 50 feet
F. Maximum Impervious Surface Ratio .7
G. Maximum Floor Area Ratlo:.6
H. Minimum front yard setback: 50 fret.
I. Minimum Side Yard Setback, one side 30 feet, sum of side yards 90 feet.
J. Minimum rear yard: 30 feet.
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 it, 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
part thereof, and shall inure 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 it, or any person
claiming under or through it, 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 abutting landowner(s) shall have
the following remedies:
a. 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 owners or owners
of abutting parcels to object to any violation, however long
continued, or to enforce any restrictions, provisions,
conditions, covenants, o agreements contained in this Agreement
shall i ver
event be deemed a r of the right to do so
thereafter as to the same breach or iolation or as to any breach
or violation occurring prior to or subsequent thereof.
4. The OWNER hereby agrees that the provisions of this
Agreement shall x n full force and effect until such time
e
s the s may be modified, amended, repealed, and/or replaced
upon their written agreement. It is expressly understood that
any such change shall be in accordance with the laws of the State
of Maine and the Land Development Code of the City of Bangor,
shall be treated a amendment to said Ordinance and shall be
processed accordingly.
5. The OWNER hereby agrees 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., C., D., E., F., G., H., and 1 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 Land Development Code,
as may be in effect at the time of said zone change, governing
the same.
6. The OWNER hereby agrees, for itself, its successors and
assigns, to waive any and all rights to challenge the validity of
Council Ordinance 05-135 or the terms of this Agreement.
]. The OWNER hereby agrees that if one of the
restrictions, provisions, conditions, covenants, and agreements,
r 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 OWNER hereby further agrees that
n the event any of the contracted provisions contained i
paragraph 1, subparagraphs A., B., C., D., E., F., G., H.,1 and
I., above, are invalidated or
such other provision is invalidated
so as to constitute a materialchange in the restrictions,
provisions, conditions, covenants, and agreement the City of
Bangor or abutting land oners shall have the power to seek a
reversion and/or change of the zoning of the subject premises to
the zoning classification orits subsequent designation in effect
at the time of the approval of this contract zone 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 Land Development Code in
effect 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 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 land
owners are deprived of the conditions minimizing the negative
externalties of the requested rezoning.
8. Except as expressly modified herein, the use and
occupancy of the subject premises shall be governed by and comply
with the provisions of the Land Development Code of the City of
Bangor and any applicable amendments thereto or replacement
thereof.
IN WITNESS WHEREOF, this Agreement has been executed and
delivered as of the day and year first above written.
MASONIC TEMPLE ASSOCIATION
ess Ed W. Tripp
7
. ,
CITY OF BANGOR
BY 044,
the E wartl A. Barrett
Its City Manager
STATE OF MAINE
Penobscot, ss. 'T� 2/ , 2005
Then personally appeared the above named Sohn N. Tripp and
acknowledged the foregoing to be his free act and deed and the
free act and deed of said Mason Temple Association.
Before me,
Printed Name:
a_peae
Notary Public iERR�LEECOREY
___e NOTARY PUBLIC -MAINE
„t
-R/CU ZSIOX EXPRES DECEMBER 21,1010
STATE OF MAINE
Penobscot, as. - LL 96- , 2005
Then personally appeared the above-named Edward A. Barrett
and acknowledged 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 ofmT
tn. Ppare
Notary Public
�IbERC:MAI
NOTARY PUBLIC •MAINE
YY CONIIN SNX EXPIRES AECENSER 12,1010
TI.I&S TO UID
2A`± 9 0.
IBcS. \� 48
R;pLASs
3,Gq At
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Exhibit a
IN CITY COUNCIL
May 9, 2005 05-135
passed
CJ(.�..-1 k True Copy, Attest
/ - signed t0 Councilor Tremble April 25, 2005
and ITY OF BANGOR
.... � EAL
(TITLE.), Ordnance, Ann - nd Development Code - Perry Road Industrial Circle Zone Change
from InEumi arid Servke District to Contract Urban Servke District.
bib it ordalnce>bydre alyo(BadW,, asyohtaiks
THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated
October 28, 1991, as amended, be hereby further amended as follows:
By changing a parcel of land looted on Perry Road (Tax Map No. R-27, Parcel No. 3) from
Industry and Service District W Contract Urban Industry District, said parcel containing
approximately 3.25 acres and being mom particularly indicated on the map attached hereto
and made a part hereof.
PROVIDED, HOWEVER, THAT in addition to the mandatory conditions imposed by Chapter
165-7 of the Ordinances of the City of Bangor, 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 arid/or restrictions:
A. The property shall not be used as a solid waste facility, petroleum storage
facility, or junkyard.
B. Minimum Lot Area: 20,000 square feet.
C. Maximum Lot Coverage: 35%
D. Minimum Buffer Yards, Side & Rear: Maintain 25 feet of existing vegetation
(trees & shrubs).
E. Maximum Building Height: 50 feet
F. Maximum Impervious Surface Ratio: .7
G. Maximum Floor Area Ratio: .6
H. Minimum front yard setback: 50 feet.
1. Minimum Side Yard Setback, one side 30 feet, sum of side yards 90 feet.
Exhibit B
05-ll5
J. Minimum rear yard: 30 feel
2. Execution by those parties with an interest In the affected property of an
agreement providing for the implementation and enforcement 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 owner, 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 within ninety (90) days from the data of passage hereof, this Ordinance shall
become null and void.
PAPPOYSINW0,4 '!
05-135
g. Minimum rearyard: 30 feet.
2. Uecubon by those parties with an Interest In the affected property of an
agreement providing for the implementation and enforcement 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 owner, 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 within ninety (90) days from the date of passage hereof, this Ordinance shall
become null and void.
1&S TO
OYM
CID ACT
D rSs
R
Sµ
9NOW
i
J
T JI
'H A M PD E N
7/1/04 O3 05
APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT
'T0: THE CITY COUNCIL AND DATE
'TFTs' PLANNING BOARD OF BANGOR, MAINE: NO.
1. (WE) ui / N � n
2. of I'O Ba 792 GN &ee • SF B nff990-zZ 7For9do3He
Address_ City or Poet ice Telephone _
hereby petition to amend the Land Development Code of the City of
Bangor, Maine by reclassifying from
district to the l niv. c7 E)= D district for the
property outlined in zed on the maps attached hereto, which are
part of this application, and described as follows:
3., ADDRESS OF PROPERTY (if any)
Total Area (acres or square feet) FSS_
4. PROPERTY VOCATION (General location): Example South ice of �Q /
State Street 400 yards. East of Pine Street ae)p, y
S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map NO." Parcel 2
6. EXISTING USE: )/ r /
]. PROPOSED USE: FPA7'Xoind
nd A; n P
8. NAME AND ADDRESS OF OWNER OF RECORD: Name
>31Mun SsnR,aa
Address NE oHa>y11
-9'. NAME AND ADDRESS OF CONTRACT OWNER (if such) :%y.i�_7�/l� 4/s- cls✓an
10. SIGNATURE OF OWNER OR CONTRACT OWNER:
11. REPRESENTATIVE OF APPLICANT:Name
(if -applicable)
Address S ,{ Qj 3f9YG/r r id ie wa�S`X�
R Au'+Ter >nP 9V-3YM
12. ATTACK ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM 4 DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, ME.
Application fee - Processing Advertising Total
Zone Cbavge (1/2 acre or less) $453.00 $306.00* $159.00
Zone Chdnge (in excess of 1/2 acre) .$725.00 $306:00* $1,031.00
Contract Zone Change $1,085.00 $382.00* $1,467.00
*Two Ade Required