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HomeMy WebLinkAbout2001-11-14 02-16 ORDINANCECOUNCIL ACTION Date: November 14, 2001 Item No.02-16 Item/Subject: Amending Land Development Code � 408 Harlow Street Responsible Department: Planning Division Commentary: For Referral to Planning Board Meeting of November 20, 2001, 7:00 P.M. The applicant, RHT,LLC, is requesting a contract zone change for a parcel of land located at 408 Harlow Street The requested change is from Urban Service District to Contract Downtown Development District. Department Head Manager's Comments: mowX61:nkL City Manager Associated Information: rRV Budget Approval: Legal Approval: Finance Director o Passage First Reading Page 1 of 1 % Referral to Planning Board Meeting of November 20, 2001 ter Resigned to Cooncilur Heldecci MID CITY OF BANGOR 02-16 November 14, 2001 (TITLE.) Ordinance, Amending Land Development Code - Zone Change 408 Harlow Street Be as im&l by xM cin cy`Ba W, wfalow: 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 408 Harlow Street (Tax Map No. 40, Parcel No. IB) from Urban Service District to Contract Downt mm Development District Said parcel containing approximately .6 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: A. All development standards set forth in the DDD would be met by the proposal. B. All off-street parking requirements of the USD District will be met by the applicenCs proposed development. C. The applicant will limit residential use to 3 (three) existing units, and 3 (three) additional units, that will be contained wholly within the existing building. 2. Execution by those pames 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. IN CITY COIMCIL November 14, 2001 First Headirng Referred tp ag and er CITY CLPBN IN CITY COORCIL November 26, 2001 Notice Made and Secomded for Passage Vote: 9 yea Councilors voting yea Allen, Naldacci, Croeley, Parnham, Farrington, Nealley, Palmer, Reisman a Tremble Passed I TR CONNCIL p 02-16 GROIN AN CR (rITLE,)- Lone Change - 408 Harlow Street Assl9medtm Council"//- V YV✓' v� O] -t6 JR o w 2 B6 B) ED I 0 USD TO DDD m � I So USD G� ID �� EXHIBIT P 02-16 Bk BO40 Pg176 #2482 01-17-2002 0 12:08p CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of Jam;aey 9 , 2002, 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, RET, LLC, with its principal place of business being located in Auburn, County of Androscoggin, State of Maine, WITNE85ETH: WHEREAS, RET, LLC is the owner of record of a certain parcel of land situated in Bangor, County of Penobscot, State of Maine, iaid land being located at or about 408 Harlow Street and dentified on Assessors Map 40, as Parcel No. 1H (said land hereinafter referred to as the "subject premises'). Reference may be had to a Warranty need, recorded in the Penobscot County Registry of Deeds in Volume 7331, Page 91 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 z change, so-called, to reclassify said parcel of land comprising a land area of .6 a all a set forth i Exhibit A attached hereto and incorporated herein by reference, from an Urban Service District to a Contract Downtown Development 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 02-16, whereby it reclassified the subject premises from an Urban Service District to a Contract Downtown Development District under the Land Development Code of the City of Bangor subject to certain restrictions and/or conditions, a copy of said Council Ordinance 02-16 and the restrictions and/or conditions contained therein being attached hereto as Exhibit E and incorporated herein by reference. O2-16 Sk 0040 Pg177 #2482 NOW THEREFORE, in consideration of the reclassification of the subject premises from an urban service District to a Contract Downtown District under the Land Development Code of the City of Bangor, the Owners agree as follows: 1. WHO, LLC (hereinafter referred to as the ^OWNER -)for itself, its heirs, personal representatives, successors, assigns, 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. All development standards set forth in the DDD would be met by the proposal B. All off-street parking requirements of the USD District will be met by the applicant's proposed development. C. The applicant will limit residential use to 3 (three) existing units, and 3 (three) additional units, that will be contained wholly within the existing building. 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 M-16 BN 0040 Pg17S M2482 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 waiver of the right to do a thereafter as to the same breach o 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 n full force and effect until such time as 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 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., and C., above, subject to the restrictions, provisions, conditions, covenants, and agreements contained in this Agreement, shall be allowed to continue asnonconformity or a nonconforming a whichever the c may be,v accordance with s the provisions of the Land Development Code, a mahe in effect at the time of said zone change, governing the same. 6. The OWNER hereby agrees, for itself, its s and assigns, to waive any and all rights to challenge thevalidityof Council Ordinance 02-16 or the terms of this Agreement. 7. The OWNER hereby agrees that if one of the astrictions, provisions, conditions,cnants, and agreements, r portions thereof, contained in this Agreement is for any reaon held invalid or unconstitutional by any court of competent jurisdiction, sdiction, auch portion shall be deemed a separate, distinct and independent provision and such determination shall Act 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 in paragraph 1, subparagraphs A., B., and C., above, are invalidated P9179 #249202-16 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 areversion and/or change of the zoning of the subject premises to the zoning 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 r e of z 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 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. tness LC �f BY �_ Paul A. Tardrf, Memberr BY CV Barb L. Tardif, Mamie BY 1 C ryl F. Ramsay, Member BY Gerald A. B Member 02-16 Bk 804O Pg IBD #2462 CITY OS BANGOR Wirs Edward A. Sa rett Its City manager STATE OF MAINE �roSo ' , as. January 9, 2002 Then personally appeared the above named Paul A. Tardif and acknowledged the foregoing to be his free act and deed. LISA M. KENNEY Be£ a me, My Commission forces December 3.200 IX�R,I Printed Name: Ij .1 Jeastite-e a -Pesos Notary Public eEAL Attarrcay E-Sa:,: STATE OF MAINE Androscoggin, as. January 9 , 2002 Then personally appeared the above named Marc L. Tardif and acknowledged the foregoing to be his free act and deed. Before me, susa#BrEVAsseDR """"�^ F ryyyPWYcSNNMetrs Printed Name: SEAL Notary Public �EeeaeY-al�Laa'- STATE OF MAINE Androscoggin, as. January 9 , 2002 Then personally appeared the above named Cheryl A. Ramsay and acknowledged the foregoing to be her free act and deed. Before me, ( .� SOSPNEL ASMEUE i L gmadwsre Printed Name: aa*&M __w-aR CSL Notary Public SEAL STATE OF MAINE Androscoggin, as. January 9, 2002 Then personally appeared the above named Gerald A. Haynes and acknowledged the foregoing to be his free act and deed. Before me, 8U84n E.lEVP58EUR � ryplary wek.smre a Me Te _l (+ M1Cn:RAVNnEWuyryw.14.1CJT Printed ed Name Notary Public - SEAL Law STATE OF MAINE Penobscot, as. Jf %/ 2002 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 N�.. C'a Notary Public S At Its--, ar-1%aw SEAL TENNI L. COREY NOTARY PUBLIC, MAINE MY COMMISCgN EX%PFB OECEMBER 13, ARM 02-16 Bk 8040 Pg181 #2482 STATE OF MAINE Androscoggin, as. January 9 , 2002 Then personally appeared the above named Cheryl A. Ramsay and acknowledged the foregoing to be her free act and deed. Before me, ( .� SOSPNEL ASMEUE i L gmadwsre Printed Name: aa*&M __w-aR CSL Notary Public SEAL STATE OF MAINE Androscoggin, as. January 9, 2002 Then personally appeared the above named Gerald A. Haynes and acknowledged the foregoing to be his free act and deed. Before me, 8U84n E.lEVP58EUR � ryplary wek.smre a Me Te _l (+ M1Cn:RAVNnEWuyryw.14.1CJT Printed ed Name Notary Public - SEAL Law STATE OF MAINE Penobscot, as. Jf %/ 2002 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 N�.. C'a Notary Public S At Its--, ar-1%aw SEAL TENNI L. COREY NOTARY PUBLIC, MAINE MY COMMISCgN EX%PFB OECEMBER 13, ARM Bk 6040 PglB3 #2482 02-16 Assiguea to Co Cilui ealdacci nwe er 14, 2801 CITY OF BANGOR �c (TITLE.) O r di n d n C 2 T Amending Land Development Code — Zone Change 408 Harlow Street ee it e d'e BbrrA>Cur lasasss. d'Isrto s: THAT the zoning boundary Imes 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 lasted at 408 Harlow Street (Tax Map No. 40, Parcel No. 18) from Urban Service District to Contract Downtown Development DIsmM Said parcel containing approximately .6 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 Mange 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. All development standards set forth in the DDD would be met by the proposal. B. All off-street parking requirements of the USD District will be met by the applicant's Proposed development. C. The applicant will limit residential use to 3 (three) existing units, and 3 (three) additional units, that will be contained wholly within the existing building. 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 m executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. la CITT Nwa er 26. 2881 Passed PLA'OBSCOL Wn'VTY. A4NNa A True Copy, [test: EXHIBIT B TT d 02-16 7/1/99 APPLICATION MR LAND DEVELOPMENT CODE ANO MAP AMENDMENT TO: THE CITY COUNCIL AND THE PLANNING BOARD OF BANGOR, MAINE: 1, I(WE) M, Id.0 2. of 408 Harlow St., Barger, Maine Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from Urban Service district to the Wmtown Develorment tract district fox 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) 408 Barlow St. Total Area (acres or square feet) .6 Ac - 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street Between Intowwe Plaza and FrOduskeag Stream on Harlow Street 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 40 Parcel 1B 6. EXISTING USE: Commercial 7. PROPOSED USE: Commercial / Residential 8. NAME AND ADDRESS OF OWNER OF RECORD: Name RMT, inn Address 408 Barlow St. 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): N/A / 10. SIGNATURE OF OMER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name Ed Baarm V" (if applicable) Address 84 Harlow St., Bangor, !hire 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. eoplicatiom fee Prooessina 8dvertisina Total - Zone Change (1/2 acre or less) $326.50 $234.00* $560.50 Zone Change (in excess of 1/2 acre) $521.75 $234.00* $755.75 Contract Zone Change $783.25 $292.00* $1,074.25 *Two Ads Required 02-16 RHT, LLC seeks this contract zone change for its property at 408 Harlow Street from the existing designation of USD to DDD. In support of its application RET, LLC notes that its commercial property (the former Snowman Printing Building) has been unsuccessfully marketed M potential commercial tenants for more than a year. It furter states Naz its purpose is consistent with the City's Comprehensive Plan, BHT, LLC believes that the most appropriate and viable option for this property is to augment the existing commercial residential use with additional residential uses. Gven the location of this property (which is already developed, and no additional construction is requested hereby) between Kanduskeag Stream and Harlow Street, BHT, LLC seeks to rezone the property, through a contract, to DDD which allow uses similar to Nose present at the property and surrounding parcels sub as Leighton's and Imown Plaza as well as the residential uses contemplated by the application. CONTRACT CONDITIONS I. All development standards set forth N the DDD would be met by the proposal. 2. All off street pumping requirements of the USD District will be met by the applicant's proposed development. 3. The applicant will limit residential use to 3 (Three) existing units, and 3 (three) additional units, Nat will be contained wholly within the existing building. aumwmvimasr EM USD TO DD •