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HomeMy WebLinkAbout2002-12-09 03-29 ORDINANCECOUNCIL ACTION Date December 9, 2002 Item No. 03-2g Item/Subject Amending Land Development Code - Contract Zone Change - 213 Ohio Street Responsible Department: Planning Division For Referral to Planning Board Meeting of December 17, 2002, 7:00 P.M. The applicant, Webber oil Company,arequesting a contract zone change for their property located at 213 Ohio Street. The requested change is from Urban Residence 2 District to Contract Urban Service District. Department Read Manager's Comments; -Th PP uL °P -tya s -o .ham C% t 4_ /City Manager Associated Information Finance Director y Sol' for Passage First Reading Page 1 of 1 X Referral to Planning Board Meeting of December 17, 2002 03-29 "Si d to Councilor Crovle9 Oeeeo6er 9. 2002 CITY OF BANGOR (TITLE.) O rd i nan C e r Amending Land Development Cade — Contract Zone Change- 213 Ohio Street ee it odolned by hire CiN el9a.gw, minllo.o: 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 at 213 Ohio Street (Tax Map 31, Parcel No. 51) from Urban Residenia Two District to Contract Urban Service District. Said parcel containing approximately 14,400 sq. ft, 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 charge of zone is granted subject to the following conditions: 1. The use and/or operation of fire subject premises shall be subject to the following limitations and/or restrictions: A. Business or professional office only and limited to the existing gross floor area; B. Business hours will be limited to the hours of 7:00 a.m. and 6:00 p.m.; C. Signage will be limited to twenty-four (24) square feet and must meet all other Sign Ordinance requirements; D. Walk-in type of business shall be limited to 25% of sales; E. Parking will be appropriately marked In accordance with the Land Development Code. F. There shall not be any freestanding accessory buildings. G. The owner of the premises shall maintain the natural vegetative buffer on the north side of the property; 03-29 H. If, after one consecutive year one year or twelve consecutive months, the building is not used for a business or a professional office, nor a retail, nor service business, the property use shall revert to an Urban Residence 2 District. 2. Ex uton by those partes 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 mpy of said agreement being on file in the of of the City Clerk and incorporated herein by reference. In the event that said agreement is not m executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and wkf. IR = COUNCIL Decealeer 9, 2002 First Reading Referred to Plmain Hoard IN CITY COUNCIL December 23, 2002 Nation Made and Seconded to Postpone to a Bate Certain (01/13/03) IN CITY COUNCIL January 13, 2003 Motion Made and Seconded for Passage Votes 9 yea Councilors voting yes: Mon Crowley. Formless, Farrington. Grease, Nealley, Palmer, Robson and Tremble # 03-29 O RDIRAN CRR (MLE,) amending Iain Development coda - Contracr Looe Chime, 213 Osio Street Assigned! 0 Countlew !l11� %aG ey pfl#J/Na a 03-29 BN B624 Pg251 N6676 03-10-2003 0 IleSga CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of February a6yk , 2003, by the CITY OF BANGOR, ancipal corporation with a place of business located at 73 Harlow Street, in Bangor, County of Penobscot, State of Maine, AND, WEBBER OIL COMPANY, of Bangor, County of Penobscot, State of Maine. WITNESSETH: WHEREAS, Webber Oil Company 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 213 Ohio Street and identified on Assessors Map 31, as Lot 51 (said land hereinafter referred to as the -subject premises-). Reference may be had to a deed recorded in the Penobscot County Registry of Deeds in Volume 3775 Pages 44-47, 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, so-called, to reclassify said parcel of land comprising a land area of 14,000 square feet as set forth in Exhibit A attached hereto and incorporated herein by reference, from an Urban Residence Two District to a Contract Urban 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 03-29, whereby it reclassified the subject premises from an Urban Residence Two District to a Contract Urban 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 03-29 and the restrictions and/or conditions contained therein being attached hereto as Exhibit,B and incorporated herein by reference. 03=29 Bk 8624 Pg252 08678 NOW THEREFORE, in consideration of the reclassification of the subject premises from an urban Residence Two District to a Contract Urban Service District under the Land Development Code of the City of Bangor, the Owner agrees as follows: 3. WEBBER OIL COMPANY, (hereinafter referred to as the "OWNER")for itself, its successors, assigns,and lessees, hereby covenants and agrees that the u occupancy and/or development of the subject premises, in additionto 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. Business or professional office only and limited to the existing gross floor area; B. Business hours will be limited to the hours of 7:00 a.m. and 6:00 p.m.; C. Signage will be limited to twenty-four (24) square feet and must meet all other Sign Ordinance requirements; D. Walk-in type of business shall be limited to 25& of sales; E. Parking will be appropriately marked in accordance with the Land Development Code. P. There shall not be any freestanding accessory buildings. G. The owner of the premises shall maintain the natural vegetative buffer on the north aide of the property; H. If, after onn consecutive year one year or twelve consecutive months, the building is i not used for a business or a professional office, nor a retail, nor service business, the property use shall revert to an UrbanResidence 2 District. 2. The OWNER hereby agrees that the above -stated restrictions, provisions, conditions, covenants, and agreements e made an essential part of this Agreement, shall run with the subject premises, shall bind him, his 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. 03-29 BM 8624 Pg253 #8678 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 owner or owners of abutting parcels to object to any violation, however long continued, or to enforce any restrictions, provisions, conditions, covenants, or agreements contained in this Agreement shall in no event be deemed a of the right to do e thereafter as to the same breachro violation o s to any breach or violation occurring prior to or subsequent thereof. 4. The OWNER hereby agrees that the provisions of this Agreement shall remain in full force and effect until such time s the a 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 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., B., C., D., E., F., G., and H., 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 03-29 or the terms of this Agreement. 03-29 BN 6624 Pg254 #6676 7. 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., E., G., and H., above, are invalidated or such other provision is invalidated so as 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 reversi and/or change of the zoning of the subject premises to then z in ng classification or its subsequent designation i 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 i 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 OWNER 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 e deprived of the conditions minimizing the negative externalties of the requested rezoning. S. 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. WEBBER L COMP BY - as Ra on ora Its Vic President Penobscot, se. BN 8624 PB255 #8678 0329 CITY iTY BANCO BY Edward A. Barret[ its City Manager STATE OF MAINE 'Z_ Z..6 , 2003 Then personally appeared the Raymond J. Coto and acknowledged the foregoing to be his free act and deed the free act and deed of said Webber oil Company. Before me, SEAL inced Na e: sustice of the Peace Notary Public Attor mTA A" HERRIANN, IN BY PUBLIC. MAINE MY CONN $Mk EXPIRES JAN"Iff 31, 20H STATE OF PLAINS Penobscot, as. / �-0 a6 2003 Then personally appeared the above-named Edward A. Barrett - and acknowledged the foregoing to be his free act and deed in his said capacity as City Manager and the free act and deed of said City of Bangor. Before me, 'r�.�j� ((SGML Princed Name: Notary Public R[[ornep-at—[.aw TERRIL.COREY NOTARY PUBLIC, MAINE MY COMMISSION EXPIRES OECEMBER 22, NO BM 8624 Pg256 *6678 03-29 URD2 TO USD CONTRACT EXHIBIT A In CM COUNCIL 6k 8624 Pg257 p Jesus" 13.2009 Pass" A Test Copy, Attest: 03-29 CLIA s Bred to Councilor Crowley Dereeber 9. 2002 I CITY OF BANGOR SEAL (TITLE.) ordinance y Amending Land Development Code — Contract Zone Change- 213 Ohio Street orena imdymefia,OfBa ,,G$fW101.:: THAT doe 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 panel of land located at 213 Ohio Street (Tax Map 31, Parcel No. 51) from Urban Residence Two District to Contract Urban Service District Said parcel containing approximately 14,400 sq. ft 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: A. Business or professional office only and limited to the existing gross floor area; B. Business hours will be limited to the hours of 7:00 a.m. and 6:00 p.m.; C. Signage will be limited to twenty-four (24) square feet and must meet all other Sign Ordinance requirements; D. Walk -In type of business shall be limited to 25% of sales; E. parking will be appropriately marked in accordance with the Land Development Code. F. There shall not be any freestanding accessory buildings. G. The owner of the premises shall maintain the natural vegetative buffer on the north side of the property; EXHIBIT 6 Bk 6624 Pg256 *B676 H. If, after one cormcubue year one year or twelve CohSKW ye r onths, the building is not used for a business or a professional office, nor a retail, nor service business, the property use shall revert to an Urban Residence 2 District 2. lNeoution 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. I hereby petition to amend the Land OevelOpment code of the City of Bangor, Maine by reclassifying from 0. R o ld district to the U,.S. D. district for the property outlined in red on the maps attached hereto, which are path of this application and .described as follows: 3. ADDRESS OF PROPERTY (if any) o Hm $ T Total Area (acres or square feet) /y, veo r 5%� 4. PROPERTY IACATION (General location): Example - South side of State Street 400 yards. East of Pine Street ew S,de a 9 of'e SG awnT ,. V...Wd $r 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map NO, 31 Parcel S1 6. EXISTING VSE: Ukchm/r 7. PROPOSED USE: Q Ytsb- ! l,(5 ® t9 a �fdz.o . fir) S. NAME AND ADDRESS OF omN9 op'RECORD: NameMWCdw.pnny . Address j43 BOF 9.i $' �iM✓�M, yY! ��OL a q 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): ,nae 10. SIGNATURE OF OWNER OR CONTRACT OWNER: �r 11. REPRESENTATIVE OF APPLICANT: Name (if applicable) _..Addresq. SnA-- 12. ATTACH ANY CONDITIONS PROPOSED FORA CONTRACT ZONE REQUEST. RETURN FORM s DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, ME. Application fee Processing Advertising Total Zone Change (1/2 acre Or less) $355.25 $234.00* $589.25 Zone Change (in excess of 1/2 acre) $567.50 $224.00* $801.50 Contract Zone Change $850.50 $292.00* $1,142.50 *Two Ads Required - 01-29 ]/1 02 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE //- 20 -0 M THE PLANNING BOARDOF;BANGOR; MAINE: N0. 1. �(WEI WE,$$ER ©7/a COm�1FrvY 2. of 7O0 //7eiiu b�l^'�onS'a/ Telephone Address City or Poat Offvice hereby petition to amend the Land OevelOpment code of the City of Bangor, Maine by reclassifying from 0. R o ld district to the U,.S. D. district for the property outlined in red on the maps attached hereto, which are path of this application and .described as follows: 3. ADDRESS OF PROPERTY (if any) o Hm $ T Total Area (acres or square feet) /y, veo r 5%� 4. PROPERTY IACATION (General location): Example - South side of State Street 400 yards. East of Pine Street ew S,de a 9 of'e SG awnT ,. V...Wd $r 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map NO, 31 Parcel S1 6. EXISTING VSE: Ukchm/r 7. PROPOSED USE: Q Ytsb- ! l,(5 ® t9 a �fdz.o . fir) S. NAME AND ADDRESS OF omN9 op'RECORD: NameMWCdw.pnny . Address j43 BOF 9.i $' �iM✓�M, yY! ��OL a q 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): ,nae 10. SIGNATURE OF OWNER OR CONTRACT OWNER: �r 11. REPRESENTATIVE OF APPLICANT: Name (if applicable) _..Addresq. SnA-- 12. ATTACH ANY CONDITIONS PROPOSED FORA CONTRACT ZONE REQUEST. RETURN FORM s DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, ME. Application fee Processing Advertising Total Zone Change (1/2 acre Or less) $355.25 $234.00* $589.25 Zone Change (in excess of 1/2 acre) $567.50 $224.00* $801.50 Contract Zone Change $850.50 $292.00* $1,142.50 *Two Ads Required -