Loading...
HomeMy WebLinkAbout1993-10-25 93-484 ORDINANCEn Date Novem r 8 loci Item No. 93-484 Amending Land Development Code - Crammer of Finson Road and Item/Sub 1 Davis Road - C.O. M 93-484 Responsible Department: Planning Division - Commentary: The Planning Board held a public hearing me the above -noted contract zone change request at its regularly scheduled meeting of November 2, 1993. Richard Day, of Plisga R Day, represented the applicant. No one spoke in opposition. Me Planning Board voted 5 to 0 in favor of a motion to recommend to the City Council that the contract zone changnge request contained .in C.O. p 93-04 be approved. Manager's Comments: ,f' tC,IY Ciry me"ye. Associated information:�J I Budget Approval: ryas «Oirc Legal 1- 7irm rl9Ulfe5 )ap. a l/mbjlae �Approval: p7Aij Vp9 $ 4°r tl7A^l 0594Y. Cay sarmo. Introduced For ©Passage El Fiat Reading - - Pap —Of— ❑Referral G d1r j r wA� Introduced For &4;tia� Ppn]I/n(} ?onG s7 r+Cne..} woold ly dt(C/rdy-fvilH 9L' prxeya o n fro ,h be drorded Zmeng evj�in: iOh by ^� -off ❑Fin<nwhF p _ ��' rcmElon �, 3otdlb �sioa Fi a/ p�%aw. Pig,—or—�.r fib. [ FA t e2 N Mfppliren t �rogBjepl .F / _} gel cc Date October 25, 1993 Item No 3-484 Amending Land Development Code - Corner of Finson Road and Item/Subject;Davis Road Rosponame Deperlmml: Plarming Division Commentary: For Referral to Planning Hoard. Applicant isrequesting a one change from Lon Density Residential (Contract) Zone to LcwDeneity Residential (Contract) for a parcel of land located on the corner of Fineon Road and Davis Road. eg Mm un Manager's comments: w City M+wgn �A Puorbttd Intor�retion: t3 � / "' 9 / fWdpet Approval: M lowset imrfor Legal Apprx'el: 7 C e q( d( 0;e i krn. "ild be 1D p,,pr„ ( fAndiiien5 f 4A �yls(I/05 fonfine( 704C real. (apBB� nej'ArBmerl QIry1b�t i 'Jsh /tLl. }yS< MOXireJm day sslirifer ,9 ffevrever, r UlM4fash Ar o n nZlrr rfgJl�f,M wolIX re"m I N 4to Introduced For &4;tia� Ppn]I/n(} ?onG s7 r+Cne..} woold ly dt(C/rdy-fvilH 9L' prxeya o n fro ,h be drorded Zmeng evj�in: iOh by ^� -off ❑Fin<nwhF p _ ��' rcmElon �, 3otdlb �sioa Fi a/ p�%aw. Pig,—or—�.r fib. [ FA t e2 N Mfppliren t �rogBjepl .F / _} gel cc Assigned to Councilor SullivanOctober 25, 1993 CITY OF BANGOR (TITLEJ UBTDUtNlttCa Amending Land Development Code .............:. .__.. .........Cova:er.-of-Dinsmn-Read And. DavisRead........ Be 4 ordained by the City Couneti of W City ofBanpor, ae MA mz: 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 a follows: By changing a parcel of land located on Pinson Road and Davie Road (Tax Map No. A-21, Parcel No. 2) from Low Density Residential (Contract) Zone to Low Density Residential (Contract) Zone. Said parcel of land containing approximately 10.319 a and being more particularly indicated on the map attached hereto and Dade part hereof. I - PROVIDED, HOWEVER MT, in addition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 6.6 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. Maximum Density = 1.4 units/acre. B. No lot shell be less than 15,000 SF. 2. Execution by these parties with an interest in the affected property of an agreement providing for the implementation and erpOoreament 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 own copy of said agreement being on file in the office of the City Clerk and incorporated herein by reference. In the event thmt said agreement is not a executed within ninety (90) days fromthe date of passage hereof, this Ordinance shall becomes null and void. IN CITY COUNCIL Notenbev 8, 1993 Pawed A True Copy, Attest: CITY le.CL=BIT B. - 93-484 "i Send to Counaor Sullivan October 25, .1993 �^ CITY OF BANGOR (TITLE.) MrbR1a=, Ameggxng Lana Development Code ._.......... ._Crouse of Finaon-Road and -Davis -Road ............... Be a ordainad by da City Council of As City dBanyur, ae fo wr THAT the coning boundary lines as established by the zoning Wap of the City of Bangor dated October 28, 1991, as amended, be hereby farther amended as follows: By changing a parcel of land located on Finaon Read and Davie Road (Tax Map No. R-21, Parcel No. 2) from Law penalty Residential (Contract) Zone to Low Density Residential (Contract) Zone. Said parcel of land containing approximately 10.319 acres and being more particularly indicated on the map attached hereto end madea part hereof. PPDVIDED, MUHTVER THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 6.6 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The a and/or operation of the subject premiaes shell be subject to the following limitations and/or restrictions: A. Maximum Density - 1.4 wits/acre. B. No lot shall be less then 15,000 BF.. 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 flet forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property ownr a coo of said agreement being on file in the. of fire of the City Clerk and incorporated herein by reference. In the event that said agreement is not so executed within ninety (90) Saye from the date of passage hereof,. this Ordinance shall became null and void. 93-686 ORDINANCE TITU.) Amending Lend Development Code - IN CITY COUNCIL October 25, 1993 - ) Corner of Finson Road and Paola Road. First Reeding to Pleamning Hoard /ReeDopi/Nge(d 1 1:xTY JURK elsigoed^to ^ 0.wxi(mm IN Cxxx COUNCIL November 8, 1993 Passed CITY CLERK ais`S W Pe 3 I k C(3fi980 CONTRACT ZONING. AGREEMENT THIS AGREEMENT is made as of November 18, 1993, by and between the CITY OF BANGOR, aunicipal corporation with a place of business located at 73 Harlow Street, in Bangor, County of Penobscot, State of Maine and BARNEY SILVER, of Bangor, County of Penobscot, State of Maine WITNESSETHt WHEREAS, Barney Silver 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 the corner of Pinson Road and Davis Road, and being identified o City of Bangor Assessor's Map No. R-21, as Lot 2. Reference may be had to deeds recorded in the Penobscot County Registry of Deeds in Volume 4702, Page 94, and Volume 4825, Page 275 for a more particular description of said land; and WHEREAS, a prior Contract Honing Agreement is recorded in the Penobscot County Registry of Deeds in Volume 4490, Page 149 governing the development of this particular piece of land; and WHEREAS, the parties agree that upon recording Of this Contract Zoning Agreement the provisions of the prior Contract Zoning Agreement will no longer control use of the above described parcel; and WHEREAS, pursuant t0 30-A M.R.S.A. Section 4352 and Chapter VIII, Article 2, Sec. 6.6 of the Laws and Ordinances of the City of Bangor, application was made for acontract z change, so-called, to reclassify - said parcel of land (said parcel hereinafter being referred to as the subject premises") said parcel comprising a land area of approximately 10.319 acres, rall as set forth in Exhibit A attached hereto and incorporated herein by reference, from a Low Density Residential (Contract) District t0 a Low Density Residential (Contract) 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 93-485, whereby it reclassified the subject premises from Low Density Residential (Contract) District to Low Density Residential (Contract) District under the Land Development Code of the City of Bangor subject to certain restrictions and/or conditions, a copy of said Council Ordinance 93-485 and the restrictions and/or conditions contained therein being attached hereto as Exhibit B and incorporated herein by reference. BK5487 ec315 NOW THEREFORE, in consideration of the reclassification of the subject premises from LOW Density Residential (Contract) District to LOW Density Residential (Contract) District under the Land Development Code of the City of Bangor, the parties hereto agree as follows: 1. Barney Silver, his successors and assigns, 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/or conditions on the physical development or operation of said property: A. Maximum Density = 1.4 units/acre. S. No lot shall be less than 15,000 SF. 2. The Owner hereby agrees that the above -stated restrictions, provisions, conditions, covenants, and agreements are made anessential part s of this Agreement, shall with the subject premises, shall bind the their successors andassigns, to or of said property o 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 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 City of Bangor and the abuttingandowner(s) shall have the following remedies, which may be exercised by the City of Bangor either jointly or severally: a. The City of Bangor shall have the right to prosecute violations of this Agreement in the samemanner that it is authorized t0 prosecute violations undertheDevelopment Cade of the City of Bangor in effect at the time of said violations. For the purposes herein, a violation of this Agreement shall be deemed a violation of said Land Development Code and shall be subject to the penalty provisions of said Code in effect at the time of violation. Each day that a violation is permitted to exist after notification of the same pursuant to said Code shall constitute a separate offense. b. The City of Bangor and/or 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 Owner further agrees that the failure of the City of Bangor or 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 BK5487 PG316 waiver of the right to do so thereafter as to the same breach or violation or as to any breach or violation occurring prior to or subsequent thereof. 4. The City of Bangor and the Owner hereby agree that the provisions of this Agreement shall remain in full force and effect until such time a the same may be modified, amended, repealed, and/or replaced upon their written agreement. It is expressly understood by the parties hereto 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 parties hereto 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 promisee is changed by the City Council, any u established under the provisions outline in paragraph 1, aubparagraphe A. and S., 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 a whichever the case may be, i 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 parties hereto hereby agree, for themselves, their successors and assigns, to waive any and all rights to challenge the validity of Council Ordinance 93-485 the terms of this Agreement. 7. The parties hereto hereby agree 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 separate, o distinct and independent provision and such determination shall not affect the validity of the remaining portions hereof. Provided, however, that parties hereto hereby further agree that i the event any of the contracted provisions contained in paragraph 1,� subparagraphs A. and B., above, are invalidated or such other provision is invalidated so as to constitute a material change in the restrictions, provisions, conditions, covenants, and agreements negotiated by and between the parties, the City of Bangor or abutting land owners shall have the power to seek aand/or change of the zoning of the subject premises to the currents zonings classification as may be in effect at the time of the processing of any such reversion and/or 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 Cade i affect at the time, and shall be evaluated in accordance with the criteria established for the review of v 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 o abutting land owners are deprived of the conditions negotiated to minimize the negative externalties of the requested rezoning. B. Except as expressly modified herein, the use and occupancy of the subject premises shall be governed by and comply with the provisions of the sK5487 PG317 Land Development Code ordinance of the City of Bangor and any applicable amendments thereto or replacement thereof. MEANING AND INTENDING by this Contract Zoning Agreement to eupercede and replace a prior Contract Zoning Agreement, dated August 1, 1989, affecting this parcel recorded at Volume 4490, Page 149, Penobscot County Registry of Deeds. IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. 1 , P Rei OOF STATE OF MAINE Penobscot, as. O o Barney Silver CITY OF BANGOR OF Bye S/Jw!/. 4v4*jlolA� Its City Manager November 1 p, 1993 Then personally appeared the above-named Barney Silver and acknowledged the foregoing to be his free act and deed. Before me, I (a p tu' /.�. A44 0„ Printed Na!:,: _ Notary Public 7ERAI LEE COREY PUMic, State of Maine My comm. expires 12/29/96 86487 Pc318 STATE of MAINE Penobscot, as. November 1^7 , 1993 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, r� Printed Name: Not�ca Notac=y Public TEggILEE COREY fM ' ^ MY an.e.Stele of Maine MY wmm. expires 12I29i96 BK5487 Pc319 CONTRACT TO LDR CONTRACT E=BIT F m 93-494 86487 PG3211 MFIC� ligivIVATHWIMAM � 1 1 ULDR CONTRACT PEN0BSC0T,ssTQ__LDR CONTRACT 93 NOY 18 AN 8: 48 AVEST: REGISTER - - �cwun� �ulsim, E�7 HD M LDR CONTRACT TO LDR CONTRACT App LICATION_F_OR__L_A_ND_ DEVELOPMENT ... GODE AND_MAP_ AMENDMENT TO: THE CITY COUNCIL AND DATE____10(1593____ THE PLANNING BOARD OF BANGOR, MAINE:. N0.__ 1. I(WE)_ Barney Silver 2. of P.O. Box 22 Orono, WE 942-5072 Address City or Post O£ESce Telephone hereby petition to amend the Land Development code Of the City of Bangor, Maine by reclassifying from t.DR Contract district to theIRE Gontraa_____ district for the property outlined __. t in red on the maps attached hereto, Which are part of this application, and described as follows: 3, ADDRESS OF -PROPERTY (if any) _goc➢ET_ot,Fmeon Road and Davis Road_ Total Area (acres or square feet) ,LOT ae{es_ 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Nap No. R-21 Parcel 2 6. EXISTING USE:_ None-- —' 7. PROPOSED USE:___���_ S. NAME AND. ADDRESS OF OWNER OF RECORD: Name Barney Silver Address _P.O. Box 22, Orono, NE 9. NAME AND ADDRESS OP CONTRACT OWNER (if such):, Carl R. Snow, Jr. 10. SIGNATURE OF OWNER OR CONTRACT OWNER: /a/ Barney Silver 11. REPRESENTATIVE OF APPLICANT: Name (if applicable) Address 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE ARGUE ST. RETURN .FORM S DUPLICATE TO, PLANNING RSVIslon,_CITY HALL_, BANGOR,_ ME. AER i_cat_op fee Pe Rgssa'ne AchvgStilincl Total Zone Change (1/2 acre or less) $281.75 $200.00* $481.75 Zone Change (in excess of 1/2 acre) $451.00 $200.00* $651.00 Contract Zone Change $676.25 $250.00* $926.25 *Two Ads Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE LAND DEVELOPMENT ,CODE :.AMENDMENT (2ONE. CHANCE) PROCEDURES PROCEDURES A. The_Bangor band Dev-elogment Code_Requires,: 1. Applications for zoning amendment must be filed in the Planning Division Office at City Hall (with necessary advertising and processing fees). 2. A council Order containing the proposed zoning amendment must be drawn up by the Planning Office and placed on the Council Agenda. 3. A public hearing must he scheduled to be held by the Planning Board on the proposed amendment (the city Council can take no action until after the Planning Board hearing and report). 4. A notice of the public hearing .must be placed innewspaper at least 10 days prior to the hearing and a notice mustbe mailed to owners of abutting property within 100 feet of the property subject to rezoning action. 5. A public hearing sign (picked -up in the Planning Office) must be posted on the proposed property 30 days prior to the Planning Board's public hearing. 6. At least three affirmative votes are necessary for Planning Board Recommendation of the zoning amendment. ]. After receipt of the Planning Board r endation the City Council must act on the s change request. (However, a proposed amendment which has been disapproved by the Planning Board may only be enacted by a 2/3 vote of the City Council). B. Scheduling 1. A zone e change request must be received by the Planning Office at least two weeks prior to the time of the Planning Board meeting at which the hearing will be held (because of the time required for placement of legal advertisements in the newspaper and initiation of the request on the City Council Agenda). 2.. The Planning Board meets twice a month on the first and third Tuesdays at 2:30 p.m. and the City Council meets twice a month on the second and fourth Mondays at 7:30 p.m. (Except on holidays). C. Notification You will receive notice of the public hearing held by the Planning Board. After the Planning Board has voted on its recommendation to the City Council concerning your application, the City Council will Consider your application at the next regular meeting. You will not. receive formal notice of the City Council meeting. If you have any questions regarding the status of your application, you should contact the Planning Office, City Hall, 945-4400, Ext. 206. 93-494 Proposed Conditions 1. Maximum Density = 1.4 wits/acre 2. No lot stall be lees than 15,0 O $F. Excerpt from Staff Memorandum for November 2, 1993 Planning Board Meeting PUBLIC HEARINGS Item No. 2! Contract Zone Change - Corner of Pinson Road and Davis Road C.O. &93-484 a. GENERAL DESCRIPTION. Applicant requests a contract zone change to amend the previously approved contract conditions of a 10.3 acre parcel located in a Contract Low Density Residential (LDR) District at the corner of Pinson Road and Davis Road. The applicant proposes the following conditions: 1. Maximum Density = 1.4 units/acre; and 2. No lot shall be less than 15,000 SP. The proposed property was originally rezoned from Agricultural Zone to a Contract Residential IA Zone on May 1, 1989. In addition to the above conditions, the contract sone change included the following conditions: 1. open Space to be one contiguous parcel (4 ac.±); and 2. Open Space to be maintained by a Home Owner's Association. At that time, the land use policy for this area was for resource protection and parks and open space zoning. This policy stemmed from poor soil conditions which posed a limitation on development, and concerns from the City's Engineering Office regarding the construction of public streets and sewers at this location. Staff felt because of these limitations that the overall density should be kept low. The conditions to provide for a four acre open space area and a home owners association to maintain this open space was proposed by the former property owner (Maine Development Associates) in an attempt to address these concerns. The present owner/applicant proposes to remove the open space and home owners association conditions. The applicant indicated that there is not a market for lots with these conditions. The applicant proposes to address the City's concrns by making the lots larger and keeping the overall density the same. b. LAND USE AND ZONING POLICY. The City's current land use policy shown in the Comprehensive Plan's Land Use Concept Map indicates that this area should be reserved for low density residential uses. The proposed property i currently zoned contract LDR which is consistent with the City's Comprehensive Plan. The proposed amendment does not 93-486 change the zoning and does not change the maximum density approved in the original contract agreement. C. URBAN SERVICES. The proposed parcel is at the edge of the Primary Service Area. Public sewer does extend to the property; however, there is limited capacity. The applicant proposes to extend a private sewer to service some of the proposed lots. d. EXISTING CONDITIONS. The land is currently vacant. The property is bordered by vacant property to the north and west, by a single-family residence to the east and by -Old Capehart° Housing across the street to the south. The property is bordered by Rural Residence and Agricultural zoning to the north, northeast, and west. It is bordered by LDR to the southeast and by HDR to the south. e. DECISION CRITERIA. The basic issue for any zonechange is its consistency with the City's Comprehensive Plan. The Comprehensive Plan calls for this area to be reserved for low density residential uses which it is currently zoned. The conditions for open space and the home owners association were proposed by the original applicant. Staff has no objection to the removal of these conditions as long as the overall density is not changed. I. RECOMMENDATION. Because the proposed zone change is consistent with the City's Comprehensive Plan and the land use policy for this area, Staff would recommend that the Planning Board recommend approval of the proposed zone change to the City Council.