HomeMy WebLinkAbout2003-06-23 03-218 ORDINANCEAS Aa®®
03-218
(SPBSTI= COP4)
CITY OF BANGOR
(TIlaanc e f Amending Land Development Code — Zone Change
460 Stillwater Avenue
Be it onoined by die pry I1il asf Clow:
THAT the zoning boundary lines as eatablished by the Zoning Map of the City of Bangor acted Odnber 28, 1991,
as amended, be hereby further amended as follows:
By chalging a parcel of land located at 960 Stllwater Aware (Ten Map No. R-55, Parcel No. 9) from tav Density
Residential District to Contract Shopping wM Personal Service Distril Said parcel conal appmxlmately 18
acres and being more particularly Indicated on the map attadeetl hereto and made apart hereof.
PROVIDED, HOWEVER THAT, in call to the mandatary cone ilions Imposed by Chapter 165-7 of the
Ordinances of the aty of Bangor, said change of zone Is granted sublM to the following conditions:
1. The use and/or operation of the subject premises shall be subject to the following limitations and/or
restrodkeir :
0 90 N
The following operational and site devebpment reshictions shall apply to development of the subject
parcel (tot 9):
1. No principal use structures, and no accessory structures constructed or erected above the surface
grade, shall be krated whin 150 feet of dre westerly property line (parallel to Drew lane) of one
subjectparcol. Simultaneous with the recoding pfdh nb'at Zone Change Agreement the
Applicant shall recon an open space easemen4 affording the City, of Barges a 3" party right of
enforcernal to further Implement this condition.
2. An effective vegeraUve.visual buffer shall be established! antl radia letl w:dlln 150 feet ofthe
westerly property line (Prailel W Dreav tape) of the sufilect parcel, in accordance with the
attached Schedule 1.
3. 'here shall be no ovemight acmmmotlations for compensation on the subject parcel.
9. Drive-through restaurants shall not be permR[etl on the subject parcel.
S. No warehousing shall be allowed on the subject parcel.
6. There shall be no sercicing of motor vehicles on Me subject parcel, unless accessory to a recall
operation.
7. There shall be no sal of gasoline on the subject pared.
8. There shall be no alto, truck or heavy equipment sales on the subject parcel.
03-218
(SOBSTI= COIR)
9. There shall be no enclosed recreation centers for profit on the subject parcel, including nightclubs
and bars unless accessory W hemu arts.
1D. Buildings on the subject: parcel shall be limited W a maximum buidly height of 35 Net.
11. NI extenor lighting shall be aniseed! so as W minimize glare from light on the subject cartel
from extending beyond the boundaries of the subject parcel.
12. Al adeneal speakers or public address system shall be configured;D as W minimize noise audible
heated the boudanes of the wbjett Parcel.
13. Trotter holler deliveries aid garbage removal on the subject panel shag Mur during, and shall
be limited W, the hours of 7:00 a.m. W 8:00 p.m.
14. There shall be no Increase in sWmw+ater flows or rumR due W development of the subject parcel
aver preexisting flows or runoff, when measured at the wesWdy property line of the subject
parcel parallel W Drew One.
SCHEDULE 1- PROPOSED BUFFER REQUIREMENTS FOR SfILLWATER AVENUE DEVELOPMENT
Minimum number of plants per 100' far a 150' wide buffer, based an no existing plain material:
Canopy trees 10
Understery, trees 10
Shrubs 34
Evergreen trees 14
This quantity of plant material can be calculated W provide the following bufa:
Campy trees t0@ 2 W duper each = 250 caliber Per 100' buffer
Understary all 10 @ 1 rte" caliper each =15"caliper per 100' bather
Shrubs 34@ 24" spread each = 6W spread per INY buffer
Eveal trees 14 @ 5' height each = 20' height Per 10V buffer.
Credit will be given out of the above Wass, per 100', for bashing plant material.
Far example: ff there 1s an exisling 14" caliper maple and a 4 oak within a 100'secdon of buffer, l4"+4" =18".
A new Y caliper canopy tree would need W he planted m fulfill the 20" caliper per 100'a bufer requirement.
Another example: R there are 2 evergreen trees at 30' height each; 30'+ 30' = W. Two new 5' beght evergreen
trees would need W be planted W fulfill the Tl' height per 100' of bufer requirement.
Note N 1: No White Pine W W planted as part of the nxv buffer. There Is an abuMance of Nis spades on the
site and this tree Irises els bothering qualRie; in several years as the branches raise off the ground.
Nose A 2: There shall be as direct openings along the length of the buffer larger than 18' in width.
2. Execution by Nose parties with an interest in the Wished property of an agreement providing for me
implementation and enforcement of Al the borne; and conditions sat form allows and the recoding of said
executed agreement in the PembsoH County Registry of Deeds by the property owner, a copy of said agreement
being on NO In the once 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 said.
03-218
Assigned to Coweiloc aanlogtw ]me 23. 2003
CITY OF BANGOR
(TITLE.) ordinance r Amending land Development Code - Zone Change
460 Stillwater Avenue
Be UordNnedbyrhe CiryoJBa ,, osfollows
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 460 Stillwater Avenue (Tax Map No. R-55, Parcel No.
9) from Low Density Residential District to Contract Shopping and Personal Service Dist cbct
Said parcel containing approximately 18 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 Oty 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:
77i =,177, .IrtS� U!11
1. No principal use structures, and no accessory structures constructed or erected above
the surface grade, shall be located within 150 feet of the westerly property line (parallel
to Drew Lane) of the subject parcel. Simultaneous with the recording of this Contract
Zone Change Agreement, the Applicant shall record an open space easement, affording
the City of Bangor a P party right of enforcement, to further implement this condition.
2. An effective vegetative visual buffer shall be established and maintained within 150 feet
of the westedy property line (parallel to Drew Larne) of the subject parcel, in accordance
with the attached Schedule 1.
3. There shall be no overnight accommodations for compensation on the subject parcel.
4. Drive-through restaurants shall not be pemdtted on the subject parcel
03-218
5. No warehousing shall be allowed on the subject parcel.
6. There shall be no servicing of motor vehicles on the subject parcel, unless accessory to
a retail operation.
7. There shall be no sale of gasoline on the subject parcel.
8. There shall be no auto, truck or heavy equipment sales on the subject Parcel.
9. There shall be no enclosed recreation centers for profit on the subject parcel.
10. Buildings on the subject parcel shall be limited to a maximum building height of 35 feet
11. All exterior lighting shall be shielded so as to minimize glare from lights on the subject
parcel from extending beyond the boundaries of the subject parcel.
12. All external speakers or public address system shall be configured so as to minimize
noise audible beyond the boundaries of the subject parcel.
13. Tractor taller deliveries and garbage removal on the subject parcel shall occur during,
and shall be limited to, the hours of 7:00 a.m. to 8:00 p.m.
14. There shall be no increase in stormwater flows or runoff due to development of the
subject parcel over preexisting flows or runoff, when measured at the westerly property
line of the subject parcel parallel to Drew lane.
SCHEDULE 1 - PROPOSED BUFFER REQUIREMENTS FOR S ILLWATER AVENUE
DEVELOPMENT.
Minimum number of plants per 100' Por a 150' wide buffer, based on no existing plant
material:
Canopy trees 10
Understory trees 10
Shrubs 34
Evergreen trees 14
This quantity of plant material can be calculated to provide the following buffer:
Canopy trees 10@ 2 %n caliper each = 25" caliper per 100' buffer
UnderstDry trees 10 @ 1 V24 caliper each = 15" caliper per 100' buffer
Shrubs 34@ 24" spread each = 68'spread per 100' buffer
Evergreen trees 14 jo 5' height each = 70' height per 100' buffer.
Credit will be given out of the above totals, per 100', for existing plant material
03-218
For example: if there Is an e)dsbng 14" caliper maple and a 4" oak within a 100'section of
buffer, 14"+4" = 18". A new 2" caliper canopy tree would need to be planted to fuMll the
20" caliper per 100' of buffer requirement.
Another example: If there are 2 evergreen trees at 30' height each; 30'+ 30'= 60'. Two new
5' height evergreen trees would need to be planted to fulfill the 70' height per 100' of buffer
requirement.
Note # 1: No White Pine to be planted as part of the new buffer. There is an abundance of
this species on the site and this tree loses Its buffering qualities in several years as the
branches raise off the ground.
Note # 2: There shall be no direct openings along the length of the buffer larger than 18' in
width.
2. Rrecul ion 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 old executed agreement in the PenobrAt County Registry of
Deeds by the property owner, a copy of mid agreement being on file in the office of the City
Clerk and Incorporated herein by reference. In the event that old agreement is not so
executed within ninety (90) days from the date of passage hereof, this Ordinance shall
become null and void.
June 23, 2003
Firat Heading
Referred to Plauuing
Board n
IN CIT[ comC
July 16. 2003
Motfou Made and Seconded fox Passage
Motive Made and Seconded to Avrod
by Substitution
Councilor RoM1mn raised questfan Of
potential conflict for himself.
Council voted as conflict for
Cavnenor Solomon
Senidents of [be m3gh1orhood
adjacent to thfa property spoke
in opposition to thls area, Change.
Andrea Hamlin. Gyhthla Orcutt 6
Timthy Woodcock, repmsmtfag the
applicaut. gave further details of
this proposed change
Motion Made and Seconded to Pass As
Aoevded by Suhetimtion
Vote: I yea. 1 no. I abseat
Cowcflors voting yes: Allen. Crawley.
Farnham, Farrington. Palmer. Burman S
Tremble
Councilor voting mo: Green
Councilor absent: Wealley
Passed As Ameadmill Subst"mtlno ] i
CI Cf.Bun. -L Y
p 03-218
O HBIHARCE
QITLE,) .......d;..g to..a no...I npm.... �.. _
SABB CHARGE - 460 Stllluater Avenues
Assignedto Councilor
Or21e
7/1/02
APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT
.
TO: THE CITY COUNCIL AND DATE: June 10, 2003
THE PLANNING BOARD OF EANGOR, MAINE: NO.
1. Grant Trailer Sales, Inc.
2. of 1221 Broadway Bangor ME 04401 - (207) 942-9436
Address City or Post Office Telephone
hereby petition to amend the Land Development Code of the City of
Bangor, Maine by reclassifying from Low Density Residential (LDR)
district to the Shopping A Personal Service (CONTRACT) district
for the property outlined in red on the maps attached hereto,
which are part of this application, and described as follows:
3. ADDRESS OF PROPERTY (if any) 460 Stillwater Avenue, Bangor ME
Total Area (acres or square feet) 10 +/- acres
4. PROPERTY LOCATION (General location): Example - South side of
State Street 400 yards. East of Pine Street
On the northwesterly side of Stillwater Avenue, adjacent to Drew
Lane.
S. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. R55 Parcel 9
6. EXISTING USE: Vacant Land
7. PROPOSED USE: See limitations on Permitted and Conditional Care by
auolicaeion of Onerational and Site Development Restrictions
attached as Exhibit A.
8. NAME AND ADDRESS OF OWNER OF RECORD: Name: Same As applicant
Address: Same as arylicant
9. NAME AND ADDRESS OF CONTRACT OWNER (if (s�unch)):�{1� �AA�'
10. SIGNATURE OF OWNER OR CONTRACT OWNER: Y-AAQ1"w`w+^M-
11. REPRESENTATIVE OF APPLICANT: Name P. Andrew Hamilton. Esa.
(i£ applicable)
Address P.O. Box 1210 Bangor ME 04402
12. ATTACH ANY CONDITIONS PROPOSED FOR A -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
s of 1/2 acre)-
$567.50
$234.00*
$801.50
Contract Zone Change
$850.50
$292.00*
$1,142.50
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LDR TO
SBPS CONTRACT
RS 61
P,S
03-218
03-218
E Flf A
OPERATIONAL AND SITE DEVELOPMENT RESTRICTIONS -LOT 9ONLY
Operational and Site Development Restrictions The following operational and site
development restrictions shall apply to development of the subject parcel Ut 9p
• No principal structures, and no accessory shuctwes constructed or erected above
the surface grade, shall be located within 150 feet of the westerly property line
(parallel to Drew Lane) ofthe subjectparwl. Simultaueouswiththerewrdiregof
this Contract Zone Change Agreement, the Applicant shall record an open space
saturated, affording the City of Bangor a P party right of enforcement, to flusher
implement this condition.
• An effective vegetative visual buffer sball be established and maintained within
150 feet of the westerly property line (parallel on Drew Lane) of the subject
parcel, in accordance with the attached Schedule 1.
• There shall be no overnight accommodations for compensation on the subject
parcel.
• Drive-through restaurants shall not be permitted on the subject parcel.
• No warehousing shall be allowed cm de subject parcel.
• There stab be no servicing of motor vehicles on the subject parcel, unless
accessory to a retail operators.
• ]here shall be no sale of gasoline on the subject parcel
• There shall be no auto, cock or heavy equipment sales on the subject parcel.
• There shall be no enclosed recreation centers for profit on the subject parcel.
• Buildings on the subject parcel shall be limited to a maximum building height of
35 feet.
• All exterior lighting shall be shielded so as to minimize glare from light on the
subject parcel from extending beyond the boundaries of the subject parcel.
• Any external speakers or public address system shall be configured so as to
rn simns'anoise audible beyond the boundaries of the subject parcel.
• Tractor trader deliveries and garbage removal on the subject parcel shall occur
during and sball be limited to, the hours of7.00 am to 8:00 p.m.
• There shall be no increase in stormwater flows or runoff due to development of
the subject parcel over preexisting flows or runoff, when measured at the westerly
property line of the subject parcel parallel to Drew Lane.
03-218
SCHEDULE
PROPOSED BUFFERREQUIREMEbUS FOR STQLWATERAVENUE
DEVELOPM3KT
Minimum number ofplants per 100' for a 150' wide buff", based on no existing plant
material:
Canopy trees 10
Understorytrees 10
Shrubs 34
Evergreen Rees 14
This quantity of plant material can be calculated to provide the following buffer:
Canopy trees 10 @ 21Y " caliper such =25" caliper per 100' buff
Umderstory tees 10 @ 1 1/2" caliper each= 15" cahperper 100' buff"
Shrubs 34 @ 24" spread each=68'spiead per 100' buffer
Evergreen tram 14 @ T height such— 70' height per 100' buffer
Credit will be given out ofthe above totals, per 100', fir existing plant material.
For example: ifth"e is an existing 14" calipermaple and a 4" oak withm a 100'section
ofbuffer, 14"+4" =18". A new 2" cafiper canopy het would need W be planted to fulfill
the 20" caliper per 100' of buffer requirement.
Avother example: if there are evergreen trees 9 30'height such; 3P+30'=60'. Two
new 5' height evergreen trees would need to be planted W fulfill the 70' height per 100' of
buferrequ mnent. -
Note #1: No White Pine W be planted as part of the new buffs. There is an abundance of
this species om the site and this one loses its buffering qualities in several years as the
branches raise off the ground.
Note i#: There shall be no detect openings along me length of the buff larger than 18'
is width.
COUNCIL AMON
Date June 23, 2003 Item No. 03-218
Item/Subject: Amending Land Development Code t Contract Zone
Change � 460 Stillwater Avenue
Responsible Department: Planning Division
Commentary:
For Referral to Planning Board Meeting of July 1, 2003, 9:00 P.M.
The applicant, Grant Trailer Sales, Inc., is requesting a
contract zone change for an 18 acre parcel located at 460
Stillwater Avenue. The requested ehange is from Low Density
Residential District to .Contract Shopping and Personal Service
District.
Department Head
/fMnanla�g_er`e'//���Ts�„,_.W �e /
f/uneK< lMJE�C�J[a//
Af �� / � �� /0 Ara" ZE
City Manager
Associated Information: "t
Finance Director
So i itOr
Introduced For
Passage
First Reading Page I Of 1
X Referral to Planning Board Meeting of July 1, 2003.
03-218
Bk 9021 Pa232 044677
10-08-2003 a 02t36P
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of September ZS, 2003, by the CITY
OF BANGOR, a municipal corporation with a place of business
located at 73 Harlow Street, in Bangor, County of Penobscot,
State of Maine, AND, GRANT TRAILER SALES, INC., A Maine
corporation with a place of business in Bangor, County of
_,. Penobscot„ State of Maine _.
WITNESSETH:
WHEREAS GRANT TRAILER SALES, 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 460
Stillwater Avenue and identified on Assessors Map R-55, as Parcel
No. 9(said land hereinafter referred to as the "subject
premises'). Reference may be bad to a Waxranty Deed recorded i
the Penobscot County Registry of Deeds in Volume 2076, Page 1 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 18 a all as set forth i
Exhibit A attached hereto and incorporated herein by reference,
from a Low Density Residential District to a 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
03-218(As Amended) whereby it reclassified the subject premises
from a Low Density Residential 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 03-218 (As Amended)
and the restrictions and/or conditions contained therein being
V
attached hereto as Exhibit B and incorporated herein by
reference.
NOW THEREFORE, i sideration of the reclassification of
the subject premises from a Low Density Residential 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. Grant Trailer Sales, Inc.(hereinafter referred to as
the "OWNER")for itself, its heirs, personal representatives,
successors, signs, and lessees, hereby covenants 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. Operational and Site Development Restrictions - Lot 9 Only.
The following operational and site development restrictions
shall apply to development of the subject parcel (Lot 9):
1. No principal use structures, and no accessory
structures constructed or erected above the surface
grade, shall be located within 150 feet of the westerly
property line (parallel to Drew Lane) of the subject
parcel. Simultaneous with the recording of this
Contract Zane Change Agreement, the Applicant shall
record anen space easement, affording the City of
Bangor a3`�party right of enforcement, to further
implement this condition.
2. An effective vegetative visual buffer shall be
established and maintained within 150 feet of the
westerly property line (parallel to Drew Lane) of the
subject parcel, in accordance with the attached
Schedule 1.
3. There shall be no overnight accommodations for
compensation on the subject parcel.
9. Drive-through restaurants shall not be permitted on the
subject parcel.
S. No warehousing shall be allowed on the subject parcel.
6. There shall be no servicing of motor vehicles on the
subject parcel, unless accessory to a retail operation.
03-218
BK
9021
Fg 2e3
044677
attached hereto as Exhibit B and incorporated herein by
reference.
NOW THEREFORE, i sideration of the reclassification of
the subject premises from a Low Density Residential 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. Grant Trailer Sales, Inc.(hereinafter referred to as
the "OWNER")for itself, its heirs, personal representatives,
successors, signs, and lessees, hereby covenants 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. Operational and Site Development Restrictions - Lot 9 Only.
The following operational and site development restrictions
shall apply to development of the subject parcel (Lot 9):
1. No principal use structures, and no accessory
structures constructed or erected above the surface
grade, shall be located within 150 feet of the westerly
property line (parallel to Drew Lane) of the subject
parcel. Simultaneous with the recording of this
Contract Zane Change Agreement, the Applicant shall
record anen space easement, affording the City of
Bangor a3`�party right of enforcement, to further
implement this condition.
2. An effective vegetative visual buffer shall be
established and maintained within 150 feet of the
westerly property line (parallel to Drew Lane) of the
subject parcel, in accordance with the attached
Schedule 1.
3. There shall be no overnight accommodations for
compensation on the subject parcel.
9. Drive-through restaurants shall not be permitted on the
subject parcel.
S. No warehousing shall be allowed on the subject parcel.
6. There shall be no servicing of motor vehicles on the
subject parcel, unless accessory to a retail operation.
03-219
Bk 9021 P9234 044677
7. There shall be no sale of gasoline on the subject
parcel.
e. There shall be no auto, truck or heavy equipment sales
on the subject parcel.
9. There shall be no enclosed r, creation centers for
profit on the subject parcel,including nightclubs and
bars unless accessory to restaurants.
10. Buildings on the subject parcel shall be limited to a
maximum building height of 35 feet.
11. All exterior lighting shall be shielded so as to
minimize glare from lights on the subject parcel from
extending beyond the boundaries of the subject parcel.
12. All external speakers or public address system shall be
configured as as to minimize noise audible beyond the
boundaries of the subject parcel.
13. Tractor trailer deliveries and garbage removal on the
subject parcel shall occur during, and shall be limited
to, the hours of 7:00 a.m. to 8:00 p.m.
14. There shall be no increase in seormwater flows or
runoff due to development of the subject parcel over
preexisting flows or runoff, when measured at the
westerly property line of the subject parcel parallel
to Drew Lane.
B. SCHEDULE 1 - PROPOSED BUFFER REQUIREMENTS POR STILLWATER
AVENUE DEVELOPMENT.
Minimum number of plants per 100' for a 150' wide buffer,
based on no existing plant material:
Canopy trees 10
Understory trees 10
Shrubs 34
Evergreen trees 14
This quantity of plant material can be calculated to provide
the following buffer:
Canopy trees 10® 2 Y." caliper each = 25" caliper per 100'
buffer
Understory trees 10 ® 1 H^ caliper each = 15" caliper per
100' buffer
Shrubs 34® 24" spread each - 69' spread per 100' buffer
03-218
&k 9021 Pv235 044677
Evergreen trees 14 ® 5' height each = 70' height per 100'
buffer.
Credit will be given out of the above totals, per 100', for
existing plant material.
For example: if there is an existing 14" caliper maple and a
4- oak within a 100' section of buffer, 14" +4" = 180. A
w 2- caliper canopy tree would need to be planted to
fulfill the 20" caliper per 100' of buffer requirement.
Mother example: if there are 2 evergreen trees at 30'
height each; 30' + 30' = 601. Two new 5' height evergreen
trees would need to be planted to fulfill the 70' height per
1001 of buffer requirement.
Note 8 1: No white Pine to be planted as part of the new
buffer. There is an abundance of this species on the site
and this tree loses its buffering qualities in several years
as the branches raise off the ground.
Note R 2: There shall be no direct openings along the length
of the buffer larger than 18' in width.
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 oroccupancy of said property or any
part thereof, and shall inure to 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 o
attempt to violate, or shall omit to perform or observe any one
r more of the foregoing restrictions, provisions, conditions,
covenants, and agreements, the abutting landownei(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.
03-218
&k 9021 Po236 544699
The OWNERS further agree that the failure of the o ere
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
vent be deemed a waiver of the right to do so
thereafter asto the same breach or violation 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 remain
n full force and effect until such time
s
as the a may beamended, a ended, repealed, and/or replaced
upon theirwritten agreement. It is expressly understood that
any such change shall b, 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 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.,
and B., 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, their successors
and assigns, to waive any and all rights to challenge the
validity of Council Ordinance 03-218(As Amended)or the terms of
this Agreement.
7. The OWNER hereby agrees 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
in the event any of the contracted provisions contained in
paragraph 1, subparagraphs A., and B., above, are invalidated or
such other provision i invalidated s s to constitute a
material change in the restrictions, provisions, conditions,
covenants, and agreement the City of Bangor or abutting land
O3 -3I0
Sk 9021 Ps237 444677
owners shall have the power to seek aand/or change of
n
the zoning of the subject premises to the ezoning classification
or its subsequent designation in effect at the time of the
approval of this contract zone change. Said reand/or
change may be initiated by a representative ofthesCity of Bangor
or an abutting property owner to the subject premises, shall be
processed in accordance with the procedure established for a
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 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.
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.
BT I ER
Judson M. Grant, Sr.
Its President
CITY O BANGOR
By
BY J
Edward A. Barrett
Its City Manager
O}218
8K 9021 Ps238 244677
STATE OF MAINE
Penobscot, as. , 2003
Then personally appeared the above named Judson M. Grant,
Jr., and acknowledged the foregoing to be his free act and deed
n his said capacity as President and the free act and deed of
said Grant Trailer Sales, Inc.
Before
PAPOd�N,..�Q,
Printed Name:.
Justice of the Peace
Notary Public
Attorney at Law
STATE OF MAINE
Penobscot, as. ST.i.X,," -t5 , 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,
rnted Name:I
ustice of the Peace
Notary P blit SEAL
Attorney at naw
KOREAN & HEITMANI, III
IRITARYPYBMEAME
YY COXItl81CX EEFNF9 LXIIGRY T. EW
Sk "21 Ps235P 044677
M CODE COUNCIL
July Ib, 2003 AS AMENDED
PaeBed _ 03-218
A True Copy. Accost-
(BO&STIIDTE COPY)
CITY OF BANGOR.
'•..,,..:- SEAL
(TITLE.)ordi el Amending Land Development Code — Zone Change
460 Stillwater Avenue
Bs ito eameeay ma Cly leansor, asf now.
THAT Ute zoning boundary lines as aYal ahed "a Zoning Map of the City of Bangor dated October 28, 1991,
as amended, be hereby further amended a5 follows:
By charging a parcel of land located at 460 Stillwater Avenue (Tax Map No. R-55, Parcel No. 9) from Low Density
Residential District to Contact Shopping and Personal Service Dktrlcti t. Sea parcel containing approximately 18
acus and being more particularly indicated an 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 CIN of Bangor, sand change of zone Is gamed subject to the following coMiOons:
1. The use and/or operation of the surged premise shall he subject to the rNkwirg limitations and/or
restrictions:
QUsbaonal d She Development Restdl - rat 9 Only,
The fallowing operational and site development restrictions shall apply to development of the subject
parcel (Lot 9):
1. No pnndpal use statures, and no amessary structures constructed or erected above the surface
grade, shall be located within 150 feet of the westerly property line (parallel to Drew Lane) of the
subject parcel. Simultaneous with the retarding Rights Contract Zone Change Agreement, the
APOUnt shall rewW an apan space easement, of Ming the City of Wgor a 3 party right of
enfoaemen4 to fuller Implement this cand8ion.
2. An effective vegetative Msual buffer shall be established andmaintained within 150 feet of fire
westedy property line (parallel to Drew Wire) oh the subject parcel, in aaardance with the
attached Schedule 1.
3. There shall be no cvemigM accommodations for cempensad0n on the subject parcel.
4. DriveRhrough restaurants shall not be permitted on the subject parcel.
S. No warehousing shall be allowed on the subject parcel.
6. There shall be no servidn9 of motor vehicles on the subject parcel, unless accessory the a retail
operation.
]. There shall be no sale of gasoline on are subject parcel.
8. There shall be no auto, trruck or heavy equipment sales on the subject parcel.
EXHIBIT B
Bk 9021 Firsi 044677
. As AIICNDED
03-218
(SOBB'fI] COM)'
9. There shall be no enclosed recreation centers for profit an the ubject parcel, IMuding nightclubs
and bars unless accessory to restaurants.
10. Buildings on the subject pares] shall be limited to a maximum building height of 35 feet.
11. Al exterior lighting shall be shielded so as to minimize glare Pool lights on the subject para]
from extending beyond the boundaries of the subject parcel.
12. All external speakers or Public school system shall be configured so as to mlaMlae mise audible
beyond the boundaries of the subject parcel.
13. Tractor trailer deliveyies ate garbage removal on the subject parcel shall occur buying, and shall
be limited to, the hours of 2:00 a.m. 08:00 P.M.
14. There shall he m increase In stormwater flows or runoff due to development of the subject parcel
away preexisting flows or runoff, when measured at me westerly property line of the subject
., parcel parallel to Drew Lane.
SCHEDULE 1- PROPOSED BUFFER REQUIREMENTS FOR STILLWATER AVENUE DEVELOPMENT
Minimum number of plana per 100' for a 150' wide buffer, has cl on no existing plant material:
Canopy trees
10
Undestey trees
10
Shrubs
34
Evergreen trees
14
This quantity of plant material an be calculated to provide the following buffer:
Canopy trays 10@ 2 4a" caliper each = 25° aiiper pay 100' buffer
Unchostory trees 10 @ 1 %mliper each - SS aliper per 100' buffer
Shrubs 34@ 24" spread each = 68'spread par 100' buffer
Evegreen bees 14 IN T heght each = Ay height Per 100' buffer.
CTetlit will be given cut ame above totals, per 100', far existing plant material.
Por emmpk: if there is an existing 14" caliper maple and a 4" oak within a 10P section of buffer, 14" +4" =18".
A new 2° caliper campy tree would nced to be planted to NWII the 20" mliper per 100' of buffer requirement.
Another example: If mere are 2 erergreen trees at 30' height each; 30'+ 30' = 60'. Two new 5' height evergreen
trees wcald need to be planted to fulfill the >0' height par 100' of buffer requirement.
Note A 1: No White Mme m be planted as part of the new buffer. There Is an abundance of this specks On the
site and this time loses Its buffering qualities in sw>exl years as the branches mire off the ground.
Note A 2: There shall be no direct openings along me length of the buffer hunger man 18' in width.
2. Execution by those parties win an interest in are affected! property of an agreement prodding for the
implementation and enforcement of all the terms and conditions set Earth above and the reaking of said
executed agreement In the Penobscot County Registry of Owns by the prbi owner, a copy of said agreement
being on Ole in me office of me 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
became null and void.
Sk 7021 Pa241 044677
y
S&PS 03-218
994 A`
l .INTE RS
5
lmuoas°orcouNn,rdnme
®LOR TO
S&PS CONTRACT
EXHIBIT A