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HomeMy WebLinkAbout2005-06-13 05-202 ORDINANCECOUNCIL ACTION Date 71'rm 11 2005 Item No. Item/Subject: Amending [antl Development Code— Rezoning of Property Lasted at 729, 731, 735, 737-739, 743 and 759 Broadway and a portion of 58V Hillside Avenue from High Density Residential District and Contract Government and Institutional Service District to Contract Shopping and Personal Service District. Responsible Department: Planning Division Commentary: For Referral to Planning Board Meeting of lune 21, 2005, 7:00 P.M. The applicants, Varnbro Inc., Atlantic investments, Inc., Broadway Dental Associates, PA., John Tozer and We Reidy, and Varnbro Corporation, are requesting a contract zone Change for a 4.85 acre parcel located at 729, 731, 735, 737-739, 743 and 759 Broadway and a Portion of 58V Hillside Avenue from High Density Residential District and Contract Government and Institutional Service District to Shopping and Personal Service District. Department Head Mtaanager's"Commfnts: Y�AMB�lA�i�//BoDit !vl ��9f9�'G��> 7d7�erud�C, Ram City Manager Associated Information: Budget Approval: Finance Director City Sal 9 ici Introduced For pp Passage �y First Reading Page! of 1 $ Referral to Planning Board lune 21, 2005 @ 7:00 p.m. 05-202 Assigned to councilor GratHck love 13. 2005 CITY OF BANGOR (TITLE.) Ordinance, Amending Land Development Cade- Rezoning of Property Located at 719, 731, 735, 737-739, 743 and 759 Broadway and a Portion of 58V Hillside Avenue from High Density Residential District and Contract Government and Institutional Service District to Contract Shopping and Personal Service District. the 1l or✓aered Cr fire Qtr weango , as Aakmrs 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 parcels of land located at 729, 731, 735, 737-739, 743 and 759 Broadway and a Portion of 58V Hillside Avenue (Tax Map No. R-41, Parcels 20, 19A, 19D, 19C, 19B, 18 and a portion of Lot 22A) from High Density Residential District and Contract Government and Institutional Service District to Contract Shopping and Personal Service District., Said parcels containing approximately 4.85 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, 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: GENERAL RESTRICTIONS AS TO ALL LOTS (Tax Map R-41, Lots 18, 19A, 19B, 19C, 19D, 20 and a portion of 22A). A. The overall development of the subject property shall be subject to a maximum impervious surface ratio ('75R") of 0.65. B. There shall only be one (1) curocut onto Broadway to provide access to the subject property, together with appropriate access point(s) onto Hillside Avenue. C. There shall be no direct through traffic from Hillside Avenue to Broadway. D. There shall be no retail fuel storage tanks or garage facilities, and no fueling, sales, or servicing of motor vehicles, on the subject property. IN CTTy COUNCIL - — L Sore 13, 2005 " P st Sending p 05-202 Seferred to Flaming Hoard [ of O 21/2005 at ) P.N. [ O Nn I99ecH —UITT MEEK Code- 1 Rzonda Amending Lava Eeve3eLocated HeamEng of Property LocateA ]29,]3li - so ]35,]3)-)3Yavd 759 as and a Pnntlm� IN CIT5 COOACit of from Avenue from rich Develty Scaly 25. 2005 tialside Residential L and Contract Gove[®ent. and Notion Made and Seconded ' ional m Imtitutiom Service D etre[ to Institutional for Passage Contract Shopping and Personal Service Motion Made and Seconded District to Amvd with Pleasing Sward aeco®enaation Notion Made and Seconded for Passage as Amended Amigned to ComcOor Vote: 8-I Comcllora voting yes: Allen, Castsell, O'errico, Farrington, Greens. Manes, Stone, Trouble Councilors voting m. Gratmlck Passed As Amended CITY C.04 05-202 1442 (As Amended) - CITY OF BANGOR (TITLE.) Ordinance I Amending Land Development Code — Rezoning of Property Located at 729, 731, 735, 737-739, 743 and 759 Broadway and a Portion of 58V Hillside Avenue from High Density Residential District and Contract Government and Institutional Service District to Contract Shopping and Personal Service District. Be a adeimd by the City J>Ra .. asfallws 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 parcels of land looted at 729, 731, 735, 737-739, 743 and 759 Broadway and a Portion of 58V Hillside Avenue (Tax Map No. R41, Parcels 20, 19A, 19D, 19C, 19B, 18 and a portion of Lot 22A) from High Density Resklendal District and Contract Government and Institutional Service District to Contract Shopping and Personal Service District.. Said parcels containing approximately 4.85 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, 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: GENERAL RESTRICTIONS AS TO ALL LOTS (Tax Map R41, Lots 18, 19A, 19B, 19C, 19D, 20 and a portion of 22A). A. The overall development of the subject property shall be subject to a maximum Impervious surface ratio ("ISR') of 0.65 and subject to a maximum floor area ratio of 0.4. B. There shall only be one (1) curbcut onto Broadway W provide access to the subject property, together with appropriate access points) onto Hillside Avenue. C. There shall be no direct through traffic from Hillside Avenue to Broadway. D. There shall be no retail fuel storage tanks or garage facilities, and no fueling, sales, or servicing of motor vehicles, on the subject property. E. There shall be no storage of goods or other materials for wholesale, and no warehouse building erected or maintained on the subject property. F. There shall be no outdoor display or storage area of more than we percent (1%) of the gross floor area appurtenant to, but outside of any building on the subject property. G. There shall be no enclosed entertainment or recreation facility on the subject property. H. An effective vegetative buffer, sufficient to meet a minimum C-2 Buffer under Section 165-135 of the Bangor Land Development Code, shall be established and maintained within the front yard of the subject property along Broadway, and along the side yard of the northeriy property line adjacent to the HDR Zoning District. I. Within the parking lot(s) on the subject property, a minimum of ten percent (10%) of the area within the exterior boundary of the paved portion of the main parking lot fur the site development shall be landscaped and planted with trees (minimum of one (1) bee per ten(10) spaces). Parking tats on the subject property shall be set back a minimum of twenty-five (25) feet from the sheet lot line. SPECIFIC RESTRICTION AS TO that area within the Subiect Premises commencinq Two s,l$is�Ifd�57iFir➢iII�iiU7iirT.l �T_II_1C�:LSt1'LF.P[iTr2 1i5 iiiL-�'i17..� [ I7.0 - K Within sai6leEi& the Specific Restriction Area, all principal use stmctures on said Lot 18 shall be constructed with (1) a roof form and pitch compatible with adjacent structures norm of the subject property, and (2) exterior siding that Is brick or masonry, mod siding, wood shingles, aluminum or vinyl siding simulating a dapboard pattern or hardboard siding. 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 execute0 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. Attached is the original copy of the Contract Zoning Agreement between Vambro, at als and the City of Bangor for properties located on Broadway and Hillside Avenue. Please keep this on file with C.O. # 05-202 (As Amended). MEMORANDUM DATE: October 26, 2005 TO: - Patti Dubois, City Clerk FROM: Lynn Johnson, Planning Staff SUBJECT: Contract Zoning Agreement Vambro, at als and City of Bangor C.O. # 05-202(As Amended) Attached is the original copy of the Contract Zoning Agreement between Vambro, at als and the City of Bangor for properties located on Broadway and Hillside Avenue. Please keep this on file with C.O. # 05-202 (As Amended). 05-202 -1 Vambro, ffic. For 739 Broadway 731 Broadway 729 BroadwaY/ By: /, / Date: 2 n ... Printed Nems. ,e u}k-- 4r Von' <. Its DWy Authorized officer Atlantic Invc ant, Inc. For 735 Broadway By: Date:_ William L. Vam .Its President Broadway Dental Associates, ?A. For 75913roadway Date: 5-77-d By, t E Its Duly Amhorized S7@ tOrY 3oM Tozer & Lavra Reidy For 743 Broadway By: Date: An n Toz Rsdi duan " Date: 527— By � A d I For 69 Hillside Avev}yytaaa^^^ a By: Date' s 3 es— Printed Name. W Van Its Duly Authorized office 05-202 E. There shall be no storage of goods or other materials for wholesale, and no warehouse building erected or maintained on the subject property. F. There shall be no outdoor display or storage area of more than one percent (1%) of the gross Floor area appurtenant to, but outside of any building on the subject property. G. There shall be no enclosed entertainment or recreation facility on the subject property. H. An effective vegetative buffer, sufficient to meet a minimum C-2 Buffer under Section 165-135 of the Bangor Land Development Code, shall be established and maintained within the front yard of the subject property along Broadway, and along the side yard of the northerly property line adjacent W the HDR Zoning District. I. Within the parking lots) on the subject property, a minimum of ten percent (10%) of the area within the exterior boundary of the paved portion of the main parking lot for the site development shall be landscaped and planted with trees (minimum of one (1) tree per ten(10) spaces). Parking lots on the subject property shall be set back a minimum of twenty-five (25) feet from the street lot line. SPECIFIC RESTRICTION AS TO Map R-01, Lot 18. 1. Within Map R41, Lot 18 there shall be no drive-thru windows or internally I Iluminated signage on the property. K. Within said Lot 18, all principal use structures on said Lot 18 shall be constructed with (1) a roof form and pitch compatible with adjacent structures north of the subject property, and (2) exterior siding that is brick or masonry, wood siding, wood shingles, aluminum or vinyl siding simulating a clapboard pattern or hardboard siding. 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 Oerk 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. ID pN \ /5n`� !7 RAE; Z/3Nc 2.14 AS� 05-202 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THECITYCOUNCE.AND DATE Mav26.2005 THE PLANNING BOARD OF BANGOR, ME NO. 1. I/We V b 10 AHantic lmeatmenta lncHroadwav DenW Aswciatee. P .John Tozer Laura Reidvand Vambro Com. 2. of 32 OA Sweet, H Iv1E (207) 949-8637 and 743 Broadway Hamada ME (20T 9453655 Address Cityor PostOffice. Telephone -- -- hwr ypetinonto mend the Land Developmeat Code of the CityofBangor, Maimebyreclassifyingfrom HDRand GS&D(contract) disdiatothe S&PS contract dishia forthe property oudined in red ontae maps attachedhevro, which are part of fns application, and described as follows: _ 3. ADDRESS OF PROPERTY (if any) 729 731 735 743 759 Broad aW art ofHiMside Avenue Total Area (acres or square feet) Aomoximately 4 85 saes 4. PROPERTY LOCATION (Genera) location):Example - amth aukofSmx Eo-en4W yank Eah ofN eftvet Nord! of Broadway between Broadway add Hillside, directly across from Huwrxr Avenue 5. LEGAL DESCRIPTION OF PROPERTY— Assessors Map No. R41 Parcels 18 19A, 19B19C 19D and p/o 22 6. ERISTINGUSE:-residential dental offirz and vacant 7. PROPOSED USE: offidental,f tfdd w/ drive thm banlan /drivatlssu S. NAMEANDADDRESSOPOVN OFRECORD: Sameasaoobcaws Address 9. - NAME AND ADDRESS OF CONTRACT OWNER (if such): Broadway Dental Aaeociates 743 Broadway Bangor. TSE 04401 10. SIGNATURE OF OWNER OR CONTRACT - IL REPRESENTATIVE OF APPLICANT: NamePAvdrew Hamilton Address Eaton Peabody, 80 Fxchaaae St. Bmaox MB W01 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. See Attached Covditio s. RETURN FORM& DUPLICATE TO PLANNBEG DIVISION CITY HALL BANGOR HIE Application Fee Processing Advertising TOW Zdve Cnange (1/2 acre a less) $453.00 $306.00* $759.00 Zone Change din excess of H acre) $725.00 $306.00* 81031D0 Contract Fare Change $1085.00 $382.00* $1467.00 * Two ads required Sk 10136 Ps53 34481 _ 19-12-2993 9 11�3Yw . AJ CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as Of a*AZA u, 2005, by the CITY OF BANGOR, a municipal corporation with a place of business located at 73 Barlow Street, in Bangor, County of Penobscot, State of Maine, AND, VARNBRO CORPORATION, a Maine Corporation with its principal place of business located in Bangor, County of Penobscot, State of Maine, AND ATLANTIC INVESTMENTS, INC., a Maine Corporation with a principal of business at Bangor, County Of Penobscot, State Of Maine, AND JOHN E. TOZER AND LAURA A. REIDY, husband and wife, both of Hampden, County of Penobscot, State of Maine; AND BROADWAY DENTAL ASSOCIATES, P.A., a corporation with a place of business at 743 Broadway, Bangor, County of Penobscot, State of Maine WITNESSETH: WHEREAS VARNBRO CORPORATION, is the owner of record of certain parcels of land situated in Bangor, County of Penobscot, State of Maine, said land being located at or about 729 Broadway, 731 Broadway, 739 Broadway, and 68 Hillside Avenue identified o Assessors Map R-41, as Parcel Nos. 20, 19A, 19C and 22(said land hereinafter referred to as the -subject premises'). Reference may be bad to warranty Deeds recorded in the Penobscot County Registry of Deeds in Volume 6329, Page 332, Volume 5677, Page 72, and Volume 9742, Page 342 for a more particular description of said land; and WHEREAS ATLANTIC INVESTMENTS, INC. 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 735 Broadway identified on Assessors Map R-41, as Parcel No. 19D (said land hereinafter referred to as the `subject premises-). Reference may be bad to a Deed of Personal Representative recorded in the Penobscot County Registry of Deeds in Volume 4465, Page 264 for a more particular description of said land; and WHEREAS JOHN E. TOZER AND LAURA A. REIDY are the owners of record of a certain parcel of land situated in Bangor, County of Penobscot, State of Maine, said land being located at or about 743 Broadway identified on Assessors Map R-41, as Parcel No. 19B hereinafter referred to as the "subject premises'). Reference may be bad to a Warranty Deed recorded in the Penobscot County Registry of Deeds in Volume 6005, Page 42 for a more particular description of said land; and \\ WHEREAS, BROADWAY DENTAL ASSOCIATES, P.A., 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 759 Broadway identified on Assessors Map R-41, as Parcel No. 18 hereinafter referred to as the "subject premises^). Reference may be bad to a Warranty Deed recorded in the Penobscot County Registry of Deeds in Volume 5467, Page 307 for a more particular description of said land; and WHEREAS, 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, no -called, to reclassify said parcels of land comprising a land area of 4.85 acres all as set forth i Exhibit A attached hereto and incorporated herein by reference, from High Density Residential District and Contract Government and Institutional Service District to Contract Shopping and Personal Service 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 recommendations of the Planning Board, the Bangor City Council adopted Council Ordinance No.05-202 (As Amended) whereby it reclassified the subject premises from a High Density Residential District and Contract Government and Institutional Service District to a Contract Shopping and Personal Service District under the Land Development Code of the City of Bangor subject to certain restrictions and/or conditions, a copy of said Council Ordinance 05-202 (As Amended) 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 reclassification of the subject premises froma High Density Residential District and Contract Government and Institutional Service District to a Contract Shopping and Personal Service District under the Land Development Code of the City of Bangor, the Owners agree as follows: 1. VARNBRO CORPORATION, ATLANTIC INVRSTMENTS, INC., JOHN E. TOZER L LAURA A. REIDY, AND BROADWAY DENTAL ASSOCIATES, P.A. (hereinafter referred to as the "OWNERS")for themselves, their heirs, Personal representatives, successors, assigns, and lessees, hereby covenant and agree 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: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: GENERAL RESTRICTIONS AS TO ALL LOTS (Tax Map R-41, Lots 18, 19A, 198, 19C, 19D, 20 and a portion of 22A). A. The overall development of the subject property shall be subject to a maximum impervious surface ratio ("ISR") of 0.65 and subject to a maximum floor area ratio of 0.4. B. There shall only be one (1) curbcut onto Broadway to e provide access to the subject property, together with appropriate access point(s) onto Hillside Avenue. C. There shall be no direct through traffic from Hillside Avenue to Broadway. D. There shall be no retail fuel storage tanks or garage facilities, add no fueling, sales, or servicing of motor vehicles, on the subject property. E. There shall be no storage of goods or other materials for wholesale, and no warehouse building erected or maintained on the subject property. F. There shall be no outdoor display or storage area of more than one percent (It) of the gross floor area appurtenant to, but outside of any building on the subject property. G. There shall be no enclosed entertainment or recreation facility on the subject property. H. An effective vegetative buffer, sufficient to meet a minimum C-2 Buffer under Section 165-135 of the Bangor Land Development Code, shall be established and maintained within the front yard of the subject property along Broadway, and along the side yard of the northerly property line adjacent to the HDR zoning District. I. within the parking lot(s) on the subject property, a minimum of ten percent (tat) of the area within the exterior boundary of the paved portion of the main parking lot for the site development shall be landscaped and planted with trees (minimum of one (1) tree per ten(lo) Bpaces). Parking lots on the subject property shall be set back a minimum of twenty-five (25) feet from the street lot line. SPECIFIC RESTRICTION AS To that area within the Subject Premises commencing Two Hundred Fifty feet (250') North of the property of Cole RA Bangor ME Boundary described in Penobscot Registry of Deeds in volume 9863, Page to to the northerly boundary of Map R-41, Lot 1s all as specifically described in the sketch attached as Exhibit A. This part of the Subject Premises is hereinafter referred to as the -Specific Restriction Area."). J. Within the Specific Restriction Area, there shall be no drive-thru windows or internally Illuminated signage on the property. K. Within the Specific Restriction Area, all principal use structures on said Lot 18 shall be constructed with (1) a roof form and pitch compatible with adjacent structures north of the subject property, and (2) exterior siding that is brick or masonry, wood siding, wood shingles, aluminum or vinyl siding simulating a clapboard pattern or hardboard siding. 2. The OWNERS hereby agree that the above -stated astrictions, provisions, conditions, covenants, and agreements are made an essential part of this Agreement, shall run with the subject premises, shall bind them, their successors and assigns, to 0 of said u d property o any part thereoforeany 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 Sanger, by and through its duly authorized representatives, and the owner or owners of any abutting parcels of land. 3. The CwWBRs hereby agree that if they, or any person claiming under or through them, shall at any time violate o attempt to violate, or shall omit to perform or observe any o or m of the foregoing restrictions, provisions, conditions covenants, and agreements, the abutting landowner(n) shall have the following remedies: a. The owner orof parcels of land which abut the subjectp owners mises 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 OwNBRS further agree that the failure of the o owners of abutting parcels to object to any violation, however lon continued, or to enforce any restrictions, provisions, conditions, covenants, or agreements contained in this Agreement shall in no event be deemed a waiver of the right to do so a thereafter as to the same breach or violation or as to any breach or violation occurring prior to or subsequent thereof. n. The OWNERS hereby agree that the provisions of this Agreement shall remain in full force and effect until such time s the same 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 as an amendment to said Ordinance and shall be processed accordingly. 5. The OwMERS hereby agree that nothing in this Agreement e shall be construed so as to preclude the future a of the Bangor City Council's legislative authority relatives tothe 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., and B., C., D., E., F., G., H., r., S., and E., above, subject to the restrictions, provisions, conditions, covenants, nants, 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 previsions of the Land Development Code, as may be in effect atthe time of said zone change, governing the same. 6. The OwNBRS hereby agree, for themselves, their successors and assigns, to waive any and all rights to challenge the validity of Council ordinance 05-202 (As Amended)or the terms of this Agreement. 7. The OWNERS 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 OWNERS hereby further agree that n the event any of the contracted provisions contained in Paragraph 1, subparagraphs A., and B., C., D., E., F., G., H., I., a., and x, above, are invalidated or such other provision is validated sos to constitute a material change in the restrictions, provisions, conditions, covenants, and agreement the City of Bangor or abutting land owners shall have the power to seek a reversion and/or change of the zoning of the subject premises to the zoning classification or its subsequent designation ineffect at the time of the approval of this e contract z change. Said reversion and/or change may be initiated by 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 i 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 externaltiee of the requested rezoning. e. Except as expressly modified herein, the use add 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. VARNBRO CO'RP`O'RATION W' 6S Timothy Varn/ey Its Duly Authorized Officer J ATLNI C INVE WENTS, INC. f BY J as a Willis arney Its President S J t e E. T LAU31a A. Reidy BROADWAY DENTAL ASSOCIATES, P.A. �Wf66.� 35 7 e `L 'toed g0 E. TOZ Y I s Duly A) t zed Officer YE'ammrreatitI I, City Nanage, STATE OF MAINE Penobscot, as. /a/V/. , 2005 Then personally appeared the above named Timothy N. Varney and acknowledged the foregoing to be his free act and deed of said Varnbro corporation. Before me, SEAL AL/1 Printed Name: Notary Public ^ STATE OF MAINE Penobscot, as. /a/v/ ,.2005 Then personally appeared theAbovenamed William Varney and acknowledged the foregoing to be his free act and deed of said Atlantic In Vestments, Inc. Before me, ,rer S jzw Printed Name` Notary Public ee _ C�1 Aeterserc�3aa a7 L Y� ' e„w s STATE OF MAINE Penobscot, ss. /d// , 2005 Then personally appeared the above named John E. _Tozer and acknowledged the foregoing to be his free act and deed., Before me, -Xita1' SEAL Printed Namei Notary Public �a Attorney , 7 Gurl��asn9 STATE OF MAINE Penobscot, as. /&4/ 2005 Then personally appeared the above named Laura A. Reidy and acknowledged the foregoing to be her free act and deed. Before me, SL'IRL s s /.G+Nati JLLMM printed Name: �aeE "Notary Public Atteeney My�ww.m,yo� G��am7 STATE OF MAINE Penobscot, as. .Jo�/ , 2005 Then personally appeared the above named John Tozer and acknowledged the foregoing to be his free act and deed of said Broadway Dental Associates, P.A.- Before me, S AL Printed Name: 7I Notary Public ry,. �y� STATE OF MAINE Penobscot, s5. 4D/// , 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 aizI deed of .said/ City of Bangor. /\ Before me,6u2 /y Printed Name: TB?2Ri- 4ta�Re`I o a Notary Public pIEEECOREV- N®fARy RUMLIC•MAINE MRQ®MMIIEION E%PIAEB OECBIBER7E,NE0 \"*LI. i N%i W, 16 G ^� A LL, O r n , .1 AAe-? 2/3ac 2.19 A° 1.8 A< CONTRACT EXHIBIT A Ia CIn MMe L Jo X A'6. 2905 Posed *AT[�eC O.opt Nt[es[- C.# 05-203 nefstt PITT ami I OF BANGOR .O Mazdea) SEAL (TITLE.)0rdinancel A ntling nd Development Code—Rezoning of Property Located at 729, 731, 735, 737-739, 743 and 759 Broadway and a Portion of S8V Hillside Avenue from High Density Residential District and Contract Government and Institutional Service District to Contract Shopping and Personal Servi, •; District. left r ainasyru aN fftwr, a<fonowr: THAT the zoning boundary lines as established by the Zoning Map of the CN of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing parcels of land located at 729, 731, 735, 737-739, 743 and 759 Broadway and a Portion of 58V Hillside Avenue (Tax Map No. R-41, Parcels 20, 19A, ISO, 19C, 19B, 18 and a Portion of Lot 22A) from High Density Residential District and Contract Government and Institutional Service District to Contract Shopping and Personal Service District.. Said parcels containing approximately 4.85 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, 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: GENERAL RESTRICTIONS AS TO ALL LOTS (Tax Map R41, Lots 18, 19A, 19B, 19C, 19D, 20 and a portion of 22A). A. The overall development of the subject property shall be subject to a maximum impervious surface ratio ("ISR") of 0.65 and subiect to a maxinn in floor a ratiorea of 0.4. B. There shall only be one (1) curbcut onto Broadway to provide access to the subject property, together with appropriate access point($) onto Hillside Avenue. C. There shall be no direct through traffic from Hillside Avenue to Broadway. D. There shall be no retail fuel storage tanks or garage facilities, and no fueling, sales, or servicing of motor vehicles, on the subject property. EXHIBIT B - E. There shall be no storage of goods or other materials for wholesale, and no warehouse building erected or maintained on the subject property. F. There shall be no outdoor display or storage area of more than one percent (1%) of the gross Floor area appurtenant to, but outside of any building on the subject property. G. There shall be no enclosed entertainment or recreation facility on the subject property. H. An effective vegetative buffer, sufficient to meet a minimum C-2 Buffer under Section 165-135 of the Bangor Land Development Code, sb.11 be established and maintained within the front yard of the subject property along Broadway, and along the side yard of the northerly property line adjacent to the HDR Zoning District. L Within the parking lot(s) on the subject property, a minimum of ten percent (10%) of the area within the exterior boundary of the paved portion of the main parking lot for the site development shall be landscaped and planted with trees (minimum of one (1) tree per ten(10) spaces). Parking lots on the subject property shall be set back a minimum of twenty-five (25) feet from the street lot line. SPECIFIC RESTRICTION AS TO that area within the Subject Prennos ornmencinoT HU d d Fifty feet (2509 N rdi of the R't A'd Boundary to the northerly boundary ofMapR. 41, Lot 18 allills if II described " thesketch h d E h'b't A This rt III the Subject Premises hereinafter ed to as the IFI Rest'ct' Am. "1. J. Within Mep„ R^°, . the Specific Restriction Am. there shall be no drive- thru windows or Internally Illuminated signage on the property. K. Within midieHB, the SVedfiC Restriction Are all principal use structures on said Lot 18shall be constructed with (1) a roof form and pitch compatible with adjacent structures north of the subject property, and (2) exterior siding that is brick or masonry, wood siding, wood shingles, aluminum or vinyl siding simulating a clapboard pattern or haroboard siding. 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.