HomeMy WebLinkAbout2002-01-28 02-90 ORDINANCECOUNCIL ACTION
Date January 28 2002 Item No. 03-90
Item/Subject: Amending Land Development Code - 32 Spruce Street
Responsible Department: Planning Division
For Referral to Planning Board Meeting of February 5, 2002, 7:00
P.M.
The applicant, Steven Wegner, is requesting a contract zone
change for a parcel of land located at 32 Spruce Street.ne
requested change is from Urban Residence1 istrict to Contract
Neighborhood Service District. {V�\
J -
p rtment Head
Manager's Comments: I /
Legal Approval:
City Manager
Finance Director
x9iteSolic, or
_ Passage
First Reading Page 1 of 1
R Referral to Planning Board Meeting of February 5, 2002
02-90
�M
Fm� � 0 aealarred to Cauvcu aeldaeei ]mmq 28, 2002
CITY OF BANGOR
(TITLE.) Ordinance, Amending Land Development Code - Zone Change
24 Spruce Steel
Be u o dalowf by nhe Ciry of Banw, mmlowa:
THAT the ming 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 24 Spruce Street (Tax Map No. 24, Parcel No. 15]) from Urban
Residence One District th Contract Neighborhood Service District. Said parcel containing approximately
9,900 sq. R. and being mare particular y indicated on the map attached hereto and made a part
hereof.
PROVIDED, HOWEVER THAT, in addition to the mardathry conditions imposed by Chapter 185-7 of the
Ordinances of the City of Bangor, said change of rone is grand 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. The premims may be used for a business office, including accounting, bookkeeping operations,
eh:., provided such use is limited to 500 sq. R. of gross floor area.
e. There shall be no sales of goods or services on the premises nor shall there be any repair
services sold or otherwise provided on the premises.
C. There shall be no customer or dient service at the premises.
D. Hours of operation at the premises shall be restricted to the hours of 7:00 a.m. to 5:00 p.m.
E. The intemal and extemal residential features of the structure shall be maintained.
R There shall be no r dedor signage on the premises
G. There shall be no freestanding accesmry buildings.
H. The owner of the premises shall maintain adequate parking for any vehicles associated with the
business office.
L The use of the property shall revert to only the use(s) allowed in the URD -1 Zoning Distdct if it
Is ever not used for a business office.
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 rxading of said "cooled agreement in the Penobscot County Registry of Deeds by the pmperty
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 whin ninety (90) clays from the date
of passage hereof, this Ordinance shall become null and void.
IN CITY COUNCIL
danoery 28, 2002
First sending
Referred to Planmiwg
Board
i
CIRY
IN CITY CUORCIL
Pebroery Il, 2002
Nation Made and Seconded
for Passage
vote: 9 Yes
Councilors voting yea: Allen,
Balda¢i, Crowley, Parnham,
Farrington, Nealley. Palmer,.
Release, ani 'Treadle
Passed
xYnese
02-90
O RD I RA NCE
Title, Amending land Development Code -
Fees Change - 26 Sprees Street
Assigned to
1�g� Councilor
0 04-12-2002 P 10136a
CONTRACT ZONINGGIVIIREEMENT
THIS AGREEMENT is made as of dirk 1t , 2002, by the CITY OF
BANGOR, a municipal corporation with a place of business located
at 73 Harlow Street, 1n Bangor, County of Penobscot, State of
Maine, AND, STEVEN P. WEGNER, a resident of Orono, County of
Penobscot, State of Maine,
WITNESSETH:
WHEREAS, Steven P. Wegner 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 24 Spruce
Street and identified on Massacre Map 55, as Lot 157 (said land
hereinafter referred to as the -subject premises'). Reference
may be had to a Trustees Deed dated May 22,1996, and recorded in
the Penobscot County Registry of Deeds in Volume 614, Pages 99-
100, 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 9,900 square feet as set forth in
Exhibit A attached hereto and incorporated herein by reference,
from an Urban Residence One District to a Contract Neighborhood
Service District under the Land Development Code of the City of
Bangor, said application proffering certain conditions o
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
02-90, whereby it reclassified the subject premises from an Urban
Residence One District to a Contract Neighborhood 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 02-90 and the restrictions and/or conditions
contained therein being attached hereto as Exhibit B and
incorporated herein by reference.
02-90
Bk
6150
Pg106
*13246
0 04-12-2002 P 10136a
CONTRACT ZONINGGIVIIREEMENT
THIS AGREEMENT is made as of dirk 1t , 2002, by the CITY OF
BANGOR, a municipal corporation with a place of business located
at 73 Harlow Street, 1n Bangor, County of Penobscot, State of
Maine, AND, STEVEN P. WEGNER, a resident of Orono, County of
Penobscot, State of Maine,
WITNESSETH:
WHEREAS, Steven P. Wegner 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 24 Spruce
Street and identified on Massacre Map 55, as Lot 157 (said land
hereinafter referred to as the -subject premises'). Reference
may be had to a Trustees Deed dated May 22,1996, and recorded in
the Penobscot County Registry of Deeds in Volume 614, Pages 99-
100, 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 9,900 square feet as set forth in
Exhibit A attached hereto and incorporated herein by reference,
from an Urban Residence One District to a Contract Neighborhood
Service District under the Land Development Code of the City of
Bangor, said application proffering certain conditions o
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
02-90, whereby it reclassified the subject premises from an Urban
Residence One District to a Contract Neighborhood 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 02-90 and the restrictions and/or conditions
contained therein being attached hereto as Exhibit B and
incorporated herein by reference.
02 -
BN 8150 Pg1O9 #13240
NOW THEREFORE, in consideration of the reclassification of
the subject premises from an Urban Residence one District to a
Contract Neighborhood Service District under the Land Development
Code of the City of Bangor, the Owner agrees as follows:
1. STEVEN P. WEGNER, (hereinafter referred to as the
"OWNER°)far himself, his heirs, personal representatives,
successors, sv
eigns,and lessees, hereby covenants and agrees
that the u 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. The premises may be used for a business office, including
counting, bookkeeping operations, etc., provided such use
is limited to 500 sq. ft. of gross floor area -
B.
a .
B. There shall be n sales of goods or services on the premises
nor shall there be any repair services sold or otherwise
provided on the premises.
C. There shall be no customer or client service at the
premises.
D. Hours of operation at the premises shall be restricted to
the hours of 7:00 a.m. to 5:00 p.m.
E. The internal and external residential features of the
structure shall be maintained.
F. There shall be no exterior signage on the premises
G. There shall be no freestanding accessory buildings.
H. The owner of the premises shall maintain adequate parking
for any vehicles associated with the business office.
I. The use of the property shall revert to only the use(s)
allowed in the URD -1 Zoning District if it is ever not used
for a business office.
2. The OWNER hereby agrees that the above -stated
restrictions, provisions, conditions, covenants, and agreements
e made an essential part of this Agreement, shall run with the
subject premises, shall bind him, his s 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 he, or any person
claiming under or through him, shall at any time violate o
attempt to violate, or shall omit to perform or observe any one
or ore of the foregoing restrictions, provisions, conditions,
covenants, and agreements, the abutting landowner(s) shall have
RH 8150 Gg11O 013 02-24890
the following remedies
a. The owner or owners of parcels of land which abut the
subject premises shall have the right to institute any and all
actions or proceedings, including the right to enforce all the
terms and provisions of this Agreement by injunction, legal and
equitable actions and all other lawful process for the
enforcement of the same.
The ONNER 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 awaiver
of the right to do e
thereafter as to 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 r 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 Etate
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.
S. The ONNBR hereby agrees that nothing in this Agreement
shall be construed so as to preclude the future exercise of the
Bangor City Councils 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., C., D., E., F., G., H. and I, 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 pro of the Land Development Code,
as may be in effect at the vtime nof said zone change, governing
the same.
6. The OWNER hereby agrees, for himself, his successors
and a signs, to waive
any and all rights to challenge the
validity of Council Ordinance 02-90 or the terms of this
Agreement.
I. The ONNER 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
#13246
02-90
and independent provision and such determination shall not affect
the validity of the remaining portions hereof.
Provided, however, that the OWNER hereby further agrees that
n the event any of the contracted provisions contained in
paragraph 1, subparagraphs A., B., C., D., E., F., G., H. and I.,
above, are invalidated or such other provision is invalidated so
as to constitute a material change in the restrictions,
provisions, conditions, covenants, and agreement the City of
Bangor or abutting land owners shall have the power to seek a
reversion and/or change of the zoning of the subject premises to
the zoning classification or its subsequent designation i effect
at the time of the approval of this contract zone change.Said
reversion and/or change may be initiated by a representative of
the City of Bangor or an abutting property owner to the subject
premises, shall be processed in accordance with the procedure
established for an amendment to the Land Development Code i
effect at the time, and shall be evaluated in accordance with the
criteria established for the review of zone change applications.
It being the intent of the parties hereto that the OWNER shall
not be allowed to benefit from the zone change for the subject
premises in the event that the City of Bangor or abutting land
owners are deprived of the conditions minimizing the negative
externalties of the requested rezoning.
e. 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.
� I
tel. M R
CITY
BY
YFts City Manager
STATE OF MINE
02-90
BN 8150 Pg112 1113248
Penobscot, as. March 2002
Then personally appeared the Steven P. Wegner and
acknowledged the foregoing to be his free act and deed.
Karen L. Gifford
Notary PuWi Soom of Malne
kVCamkabn EimimOdoow21, 2001
SEAL
Penobscot, as.
Before me
Printed Na 1e: L. (O A"Prp
Justice of the Peace
.b tary Public
Attorney at Law
STATE OF MAINE
61£fbh //, 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,
%Jnn
Printed Name `e Peftee et
Notary Pu1111c C
A6terney- aw u
TEBBI I. WRIP,
W.•' emq.1Mm
Yycoll w...:.:._. +eOEYalR2;Aef
02-90
BN 8150 P9113 #13248
[M URD -1 TO NSD
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EXHIBIT A
9)
A CTI2 COUNCIL
Feaauary 11, 2002 02-90
Passed BH 8150 Po114 #13248
�, A lkue Copy. [teat'
to Council Baldacci January 28, 2002
to SEk1L ITY OF BANGOR
)TITLE.) O rdi n d R C e f Amending Land Development Code — Zane Change
24 Spruce Street
Be it ordained by rhe City fYmurn arfolfoav:
THAT the zoning boundary lines as established by the Zoning Map of the Oty of Bangor dated! October
2B, 1991, as amended, be hereby further amended as follows:
By clanging a parcel of land located at 24 Spruce Street (Tax Map No. 24, Parcel No. IV) from Urban
Residence One District to Contract Neighborhood Service District. Said parcel containing approximately
9,900 sq, ft, and being more particularly indicated on the map attached hereto and made a part
hereof.
PROVIDED, HOWEVER THAT, in addition W the mandatory conditions imposed by Chapter 165-2 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. The premises may be used for a business office, including accounfing, bookkeeping operafions,
at., provided such use is limited W 50D sq. ft of gross floor area.
B. There shall be no sales of goods or services on the premises nor shall there be any repair
services sold or otherwise providetl on the premises.
C. There shall be no customer or spent service at the premises.
D. Hours of operation at the premises shall be restricted W the hours of 1:00 a.m. to 5:00 p.m.
E. The internal am excemal residential features of the structure shall be maintained.
F. There shall be no exterior signage on the premises
G. There shall be no freestanding accessory buildings.
H. The owner of the premises shall maintain adequate parking for any vehides associated with the
busincss office.
I. The use of the property shall revert to only the uses) allowed in the URD -1 Zoning District if it
Is ever not used for a business office.
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 mid executetl 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 so executed within ninety (9D) days from the date
of passage hereof, this Ordinance shall became null and void.
PNNOBSCOT COUHIy, MAWP
EXHIBIT B
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9/1/01 02-90
APPLICATION POR LAND DEVELOPPHOST CODE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE 1/15/02
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1. I(WE) Steven P. Werner
2. of 24 Spruce Street, Bangor 942-0060
Address City or Post Office Telephone
hereby petition to amend the Lend Desel �t Code of the City of
Bangor, Maine by reclassifying from
district to the NSD 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) 24 Spruce Street
Total Area tacres or equare feet) 4/_ Venn 11ea.
4. PROPERTY LOCATION (General location): Example - South side of
State Street 400 yards. East of Pine Street
South side of Spruce Street 77 yards east of State Street
5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map NO.24 Parcell57
6. EXISTING USE: Business office/apartment
7. PROPOSED USE: Business office/apartment
8. NAME ANO ADDRESS OF OWNER OF RECORD: Name Steven P. Wegner
Address 1 Willow Dr., Orono; ME 04473
9. NAME AND ADDRESS OF CONTRACT OWNER (df SUAW
10. SIGNATURE OF OWNER OR CONTRACT OWNER: I
11. REPRESENTATIVE OF APPLICANT: Name Matthew S. Keynes, Esq.
(if applicable)
Address Eaton,Peabody, PD Box 1210, Bangor
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
FORM 8 DUPLICATE TO PLANNING DIVISION, CITY FALL, BANGOR, ME
Application
fee
Processing
Advertleing
Total
Zone 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*
$1,121.30
*Two Ads Required
02 -so
Proposed Conditions for NSD-Contrad Zone Change
24 Spruce Street, Bangor, Maine
In funherance of the proposed contract zone change, the following is a list of
proposed conditions on the use of the above -referenced property.
• The premises may be used for a business office, including accounting,
bookkeeping operations, etc., provided such use is limited to 500 sq. R of gross
floor area.
• Them shall be an sales of goods or services on the premises nor shall there be any
repair services sold or otherwise provided on the premises.
• There shall be no customer or client service at the premises.
• Hours of operation at the premises shall be restricted to the hours of 7:00 am to
5:00 pm.
• The fitemal and external residential feanues of the structure shall be maintained.
• There shall be no exterior signage on the premises.
• There shall be no fieestaruling accessory buildings.
• The owner of the premises shall maintain adequate padting for any vehicles
associated with the business office.
• The use of the property shall revert to only the use(s) allowed in the URD -1
Zoning District if it is ever not used for a business office.