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
•