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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 CONTRACT s a nT 3X11.`1 A *11 5� IN n '1835 `j y., 193A STS � - V "IDA 4 N M&SD 0 ® w 26 sl 143 u ,+ f i 19 13 5„69 V G G $ISQ us `” 30 w N -A 33 B 183 R _ s / 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 ReBmar !e 10 O )ILt 33� um TQC_ 40 rn NSn CONTRACT o a °1 " l I IM m 1035 � ST a poff a � N M"O 9) Im G &ISQ 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.