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Home My WebLink About2001-11-14 02-17 ORDINANCECOUNCIL ACTION Date November 14 2001 Item No. 02-17 Item/Subject: Amending Land Development Code � 149 Target Industrial Circle Responsible Department: Planning Division For Referral to Planning Board Meeting of November 20, 2001, 7:00 P.M. The applicants, Eremite & Valley and Suzanne Holdings, LLC are requesting a contract zone change for a parcel of land located at 149 Target Industrial Circle. The requested change is from Industry and Service District to Contract Urban Industry District. Department Head AS the Council will re call, thin originally came forward a a straight zone change.After discussions with the applicant, that request was withdrawn and a revised contract zone ch a ge at was pbmi�t�t�eed. 7 H,submitted. &&Je'Qeg90 {.°°ta City MM�nagerRfW�o>� Associated Information: ," l Finance Director C' oli ltor _ Passage First Reading Page 1 of 1 A Referral to Planning Board Meeting of November 20, 2001 02-17 Assigned to cmmcil Trvo le november 14, 2001 *J#OMk—a� CITY OF BANGOR ITITLE.I Or din an C 2 r Amending Land Development Code -Zone Change 149 Target Industrial Circle Be it ordairred by the Ciry ojBaq . os jollows: THAT the coning 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 149 Target Industrial Circle (Tax Map No. R-9, Parcel No. 32) from Industry and Service District to Contract Urban Industry District Said parcel containing approximately 2.14 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 mine 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. Permitted uses on the property will be limited to those uses permitted in the Industry and Service District, plus the Commercial use contemplated as a permitted use In the Urban Industry District B. Permitted uses shall be subject to the development standards of the Industry and Service District 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 condMons 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 COOPCIL November 14, 200I First Heading 'Referred to Plans Board CITY IN CITY COONCIL Revertant 26. 2001 Notim Made and Secoaded for Passage Voce: 9 yes Councilors voting yes: Allen, Haldacci, Crawley, Parobm, Farrington, Nealley, Palmer, gobmen 6 Tremble Prosed n ITT CLHH[ V 0 02-1I oHNINANCN (TITLE,) Amendine tam nevelaoment Code - zone Clue - 149 Target Industrial Circle Assigned to founder Otv BN 0026 P9302 #1133 01-09-2002 0 01:57P 02-1I CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of Deozcber 18. 2001, by the CITY OF BANGOR, a municipal corporation with a place of business located at 93 Harlow Street, in Bangor, County of Penobscot, State of Maine, AND, MICHAEL EREMITA AND THOMAS VALLEY, doing business as EREMITA AND VALLEY with a place of business located in Bangor, County of Penobscot, State of Maine, WITNESSETH: WHEREAS, EREMITA & VALLEY are the owners of record of a certain parcel of land situated in Bangor, County of Penobscot, State of Maine, said land being located at or about 149 Target Industrial Circle and identified on Assessors Map R-9, as Parcel No. 32 (said land hereinafter referred to as the "subject premises"). Reference may be had to a Warranty Deed recorded in the Penobscot County Registry of Deeds in Volume 2861, Page 99 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 2.14 a all a set forth i Exhibit A attached hereto and incorporated herein by reference, from an Industry & Service District to a Contract Urban industry 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 02-17, whereby it reclassified the subject premises from an Industry and Service District to a Contract Nrban Industry District under the Land Development Code of the City of Bangor subject to certain restrictions and/or conditions, a copy of said Council Ordinance 02-19 and the restrictions and/or conditions 7 HN 6026 Pg3O3 #3133 02-1J contained therein being attached hereto as Exhibit E and incorporated herein by reference. NOW THEREFORE, in nsideration of the reclassification of the subject premises from an Industry and Service District to a Contract Urban Industry District under the Land Development Code of the City of Bangor, the Owners agree as follows: 1. BREMITA a VALLEY (hereinafter referred to as the "OWNERS")for themselves, their 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. Permitted uses on the property will be limited to those uses permitted in the Industry and Sella District, plus the Commercial use contemplated as a permitted use in the Urban Industry District. B. permitted uses shall be subject to the development standards of the Industry and Service District. 2. The OWNERS hereby agree 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 them, their successors and assigns, to 0 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 OWNERS hereby agree that if they, or any person claiming under or through them, shall at any time violate o attempt to violate, or shall omit to perform or observe any 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 @N 8026 Pg3O4 01133 02-U and equitable actions and all other lawful process for the enforcement of the same. The OWNERS further agree that the failure of the owners 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 vent be deemed a waiver of the right to do a thereafter asto the same breach or violation or as to any breach or violation occurring prior to or subsequent thereof. n. The OWNERS hereby agree that the provisions of this Agreement shall remain in full force and effect until such time 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 as an amendment to said Ordinance and shall be processed accordingly. 5. The OWNERS hereby agree 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 asnonconformity or a nonconforming u whichever the case maybe, 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 OWNERS hereby agree, for themselves, their successors and assigns, to w any and all rights to challenge the validityof Council ordinance 02-17 or the terms of this Agreement. v. The DwNERS hereby agree that if one of the restrictions, provisions, conditions, covenants, and agreements, or portions thereof, contained in this Agreement is for any reaon held invalid o unconstitutional by any court of competent jurisdiction,n 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 o such other provision is .invalidated so as to constitute a Pg305 02133 02-V material change in the restrictions, provisions, conditions, covenants, and agreement the City of Bangor or abutting land owners shall have the power to seek a reversion and/or change of the zoning of the subject premises to the zoning classification or its subsequent designation in 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 nand Development Code in 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. .ru�L EREMI P. & V 1 BY Michael Eremite,,, PP/,aarrtt/neer BY %u 9 "{�YJG Thomas Valley, Partner CITY OF HANG BY {b Edward A. Barrett Its City Manager Bk 8026 Pg306 01133 02-1] STATE OF MAINE Penobscot, as. December- 18, 2001 Then personally appeared the above Named Michael Eremite and acknowledged the foregoing to be his free act and deed. H fore` c E. MCN- ' 1 NNmy Pebfm•Meils Myammissicnexpires 8epl=.tuber 12,2005 'VrVtea Name: Notary2PubPublicE-P2acE- Notary Public -Art eraey�6--law' STATE OF MAINE Penobscot, as. December 18 2001 Then personally appeared the above named Thomas Valley and acknowledged the foregoing to be his free act and deed. Before me Lynn E.MWemmm NoleryPubXc•Maine P MycommeaimpnmSepamber 12,21105 Pr tea Name: '_a Name: Notary Public STATE 06 N RINE � Penobscot, as. Jq'1'�`r�•/%, 200A 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�cme:��,p'�eo��, Notary Public Attaraey-as-ca,,, - �P1L IERRIL.COREY NOTARY PNBLk, MMNE YY CONMBSIOX ESPIR6 VECEMBRV 9,'NM BN 6026 P9306 01133 02-17 C Assigned to council Treeble Nwemher 14° 2001 tet: CITY OF BANGOR (TITLE.) O r di n a R C e 7 Amending Land Development Code - Zone Change 149 Target Industrial circle Be U ordafnedby the atyofBangun X follows: 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 149 Target Industrial circle (Tax Map No. R-9, parcel No. 32) from Industry and Service District to Contract Urban Industry District. Said parcel containing approximately 2.14 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. Permitted uses on the property will be limited to those uses permitted in the Industry and Service Dishict, plus the Commercial use contemplated as a permitted use in the Urban Industry District. B. Permitted uses shall be subject to the development standards of the Industry and Service District. 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 mid 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 Ordina II become null and void. n cxxx cogecu SM� Novesber 26. 2001 Passed EXHIBIT B A hue COPY° A[cea[: PCYOBBCOT COUNTY �� sJX CJR w zip ,9 LSIA=a / JS9 Al O 29 10 pp y / R .eiA^' S ISS a 2J 4%t ryR�Fr 2'.]3 q_ f' l.]9g4 OLST /.e/q4 26 O R/q( Q PN 0026 P9307 %1133 ��_. / \ 02-17 35 rn ^ e6.' 2 94Fe J g ® m 14 a ,q RI 9 3.23 Ac O P JF P 3./2A5 o D )E p 535 A' B R q' v 2.94A5 QID. R 1& TO Ul C NTRACT '°/ > EXHIBIT A G E.Ru m N ,e M.m[ PW4p D.B,ddq Bvbv,A. M N4dvr P. Pndwc Rohm E. N.my.J,. WieBMA. Berm Ptmeedl aw. Ra4n CSavLHe Cmti,EOimbJ1 RmBOS rAaioe WMt-SMI (18%19)01 DeldC mg Dared C.&q JcwLszogv JmeE4eFe Jam W.NaCvthy Iai red =WN501 FauimJe 3pl NY9]IS - YDN Avbwy D.Pe@pw Bmwrle,kc..110'rc C.N Vvgivi,HOL&Ov msfi e,u imlfi AemNvieLSorty Wv NX ®d4am.RX Nam n GmgP.Owu.n ,U C6naophcJ.Aurtio Ipcoj Elit6 A.Rv8udmo IuhM Rwi�al October 31, 2001 HAND DELIVERED Kate Webber, City Planner City of Bangor 73 Harlow Street Bangor, ME 04401 Re: Suzanne Holdings, LLC Dear Kate RUD & WINCHELL, LLC Cmnw1 aLuw Tuz Gzsrtcm BuunwG 84Hul wsa t P.O. Box IMI Amh=K. dmm RmBOS rAaioe WMt-SMI (18%19)01 A11rtFLWie♦Lell.lr. Tdepmoe 1 =WN501 FauimJe 3pl NY9]IS - ww,rsudwan-wiwAA.rm Please let this letter serve as an amendment to the Contract Zone Change Application that I filed yesterday on behalf of Suzanne Holdings, LLC. Whereas, Suzanne Holdings, LLC has the property at 149 Industrial Park Circle under contract to purchase from Eremite & Valley, the application may be treated and should be treated by the City of Bangor as a joint application berwe to Suzanne Holdings, LLC and the record owner of the property, Eremite & Valley. Sincerely,/ (Titw,-✓ Edmond J. Bearor EJB:Iem ebearor@rudmm-wincheE.com .43461wsw169n8.1 cc. Barry Pottle Tom Valley oz -n Proposed Conditions for 149 Target 1Mostrial Circle A. Permitted uses unties property will be limited to those uses permitted hr the Industry and Service District, plus the Commercial use contemplated as a permitted use in the Urban Industry District. B. Permitteduses shall be subject to Ne development standards of the Industry and Service District. 7/1/01 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO CITY COUNCIL AND DATE 30-29-01 THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. I(We) Suz4 HOLDINGS, LIC 2. of P.O. Box 6123 Henron Maine 04401 Attn: Vickey Anderson Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from Industrial Service - district to the Vel IMnstxisl (Cuntrac[ 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) 149 Target IndustrialCircle Total Area (acres or square feet) re 4. PROPERTY LOCATION (General location): Example - South aide of State Street 400 yards. East of Pine Street . S. 'LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. R-9 Parcel 32 6. EXISTING USE: Warehouse 7. PROPOSED USE: Gynmastics center and aMicasory admLdstative office 8. NAME AND ADDRESS OF OWNER OF RBCORD: Name Erenita & Valley Address 11 Ranger Mail Blvd. Ranger MG 0 401 9. NAME AND ADDRESS OF CONTRACT OWNER (if such):Suzenne Pottle, 13C 30. SIGNATURE OF OWNER OR CONTRACT OWNER: C� 4`� 11. REPRESENTATIVE OF APPLICANT: Name FdmoM J. Bearer (if applicable) 'NLRRS , L - Address 84 Barlow St., Bangor, ME 04401 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE TO PLANNING DIVISION, CITY HALL BANGOR ME Application fee Processing Advertising Total Zoite Change (1/2 acre or less) $344.75 $234.00* $578.75 Zone Change (in excess of 1/2 acre) $550.75 '$234.00* $784.75 Contract Zone Change $829.50 $292.00* $1,121.50 *Two Ads Required 4 4e9A° 24 1&S , 2J rg9n_ ,.8rgt ST 4WA 2.73 pE 22 2.34'3 6A Eu 299 It 9 �4 e 1F 33? At N/5 p t. 6 p 3.11 A'_ o 3 P 3./2 A'. q - P2.96 � 18 UID R A'a1 3or. Q, 3.94A= k R 0 A 920 z,g I& TO UiD C NT CT 3,