HomeMy WebLinkAbout2001-09-24 01-372 ORDERItem No. 01-3)2
Date: September 24, 3001
Item/SubjecC Amending Declaration of Covenants, Conditions and Restrictions
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Maine Business Erderpdse Park
Responsible Department: Community and Economic Development
In addition to changes requested by Northeast Cardiology Associates, staff has recommended a number
of modifations to the Covenants on the Maine Business Enterprise Park adopted by the City Council in
1992. The slgnifil changes passage of this Order would approve are (1) elimination of the "tree
protection zone" and adopting language which would prevent disturbing of any time greater than 6
inches in diameter without City approval, (2) establishing at least 10 feet as the setback for parking In
front of buildings and permitting driveways in the front setback, (3) revising language requiring buildings
must from on specifially named streets by deleting the reference to me named streets In order to avoid
any potential problems should the names of the streets be changed in the future, and, at the request of
Northeast Cardiology, and (4) the list of prohibited uses has been expanded to include auto hotly, retail
auto, or auto repair facilities; warehouse or distribution centers except as an accessory use; and gas
stations or service stations.
epartmerm[ ad
Manager's Comments:
e b Ag.t-� 0 gtinj CL dswa 7�um .QCt. I
"- City Manager
Associated Informationi
Budget Approval:
Finance Director
Legal Approval:
CRY sol'nitor
Introduced for/ d -
%Passage
_ First Reading Page 1 of 1
Referral
01-3n
Assigned roCouncilor Ltovley seeremner za. zaol
CITY OF BANGOR
(TITLE.)Order, Amending Declaration of Covenants, Conditions and Restrictions,
Maine Business Enterprise Park
Sy fhe oty Co /OfM dry Ofdrngor.
ORDIERED,THAT
WHEREAS, the Ory Council by passage of Council Order 92459 on October 14, 1992 adopted a
Declaration of Covenants, Conditions and Restril for Me Maine Business Enterprise Park
dated October 14, 1992; and
WHEREAS, the Declaration has been reviewed by the Business and Economic Development
Committee which recommends the Declaration be amended;
NOW, THEREFORE, BE IT ORDERED By THE CITY COUNCIL OF THE CITY OF BANGOR THAT,
the following amendments to the Declaration of Covenants, Conditions and Restrictions for the
Maine Business Enterprise Park dated October 14, 1992 are hereby made:
ARTICLE IV § 4.2 (a) Front set back - 50' as the r__ „-_ _u.__ .._._ _. _ ii ease ;
ARTICLE IV § 4.3 (g) Lighting facilities, subject to the prior written approval of Dedamnt; axd
ARTICLE IV § 4.3 (I) Parking areas — The side and rear set bark will be at least 20'. The side
and rear set back can be reduced to less than 20', but in no case less than 10', with the use of
more intensive buffer yards as described in 4.4. The front vard set back will be at least
10': and
ARTICLE N§4.3 (f) D i - A dirivisimay may Crass a front Yard set back
ARTICLE N§ 4.4(a)(y) Orientation — Buildings must front on .nnA.s—Avenue;
a City street and the
orientation ulldin must be approved by the Oman Review Committee under
the Provisions of Article III. Section 3.1.
ARTICLE N § 4.4 (b) Landscaping. Within ninety (90) days following completion of
construction, or by the date each Improvement is occupied, whichever shall occur first, each lot
shall be landscaped in accordance with the plars and specifications except for as long as the
completion of the landscaping would impose a great hardship upon the Occupant due to
weather or climatic conditions. Declarant may, upon written request made and received prior to
the expiration of the ninety (90) day period, Wend the period of time within which work must
be completed. The area of each lot between any street and any minimum setback line as set
forth in Section 4.2 shall be landscaped with an attractive combination of trees, shrubs, and
other ground cover. Al potion of a IM not fronting ,gg a street and not used for parking,
01-372
storage, ar buildings shall be landscaped in a complementary and similar manner. Buffers will
be constructed as outlined in the Citys land development, code and be reviewed and approved
by the Declarant.
ARTICLE IV § 4.4 (b) (v) Use of ex'stina vegetation to meet the iaudscao'na
requirement shall be enmuraaetl.
ARTICLE IV § 4.4 existing trees of six(6) inches in oalkner or greater
shall be Presemd,and a fiR (15) foot radius surroundingh a treat shall b
left undisturbed, removal of a tree is apiumved by the
�nnrnittee under the yonvivons of Article III. Sedion 3.1. or 2 In the opinion o
he Citv a bbee poses a safebi hazard, is tleatl is of low guality. or should
be rannoved in rto reserve adiacent treas. In the enyant thait a tree of six 6
inchesin caliver or areater dies or is destroved, it shall be replaced with two (2
trees, eaM of which.is at least tw (2) Inchgei in callper.
ARTICLE V § 5.2 (r) Commercial paging lots and structures; er
ARTICLE V § 5.2 (s)
City of Sanger men iii a dinanee provisions Autobodv retail auto. or auto repair
facilities:
ARTICLE V § 5.2 (t) warehouse or distribution Mit tH as a um customarily
incidental and subordinate rin i al use of a buildina. structure or lot and
located on the same lot with the orfincipal use;
ARTICLEV§5.2 (ul aassUndonsorsemicestadons:or
ARTICLE V § 5.2 (v) Uses orehlblted by federal, state or local law. Including
aaal'rable C'tv of Bangor Zoning ordnance provisions.
NOTE: Addidans are uncerl ned and deletions are s[rnekau .
CL[[ COUNCIL
t ober 24, 2001
ORDER
(TITLE,) eueuaiug Declaration of Dov ts,
Comitioos a Resmetioos, Naim gusioees
Euterpriae Park
Auignatl to Councllar