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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 t " 0 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