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HomeMy WebLinkAbout1992-03-23 92-173 ORDINANCEIntroduced For. Passage ❑Pint Reading Paga_ of— ®Referral Date AIerzMAbxxA89P Item No. 92-03 Match 23,1992 Item/Subject: Anending Land Development Cade - ]] Court Street (Contract Zone Change) Responsible Department: Planning Division Commentary: For Referral to Planning Board. .Applicant isrequesting a contract zone change from Urban Residence 2 District toNeighborhood Service District for property located at )) Court Street xs /Iwd� Managers Comments: - bP Lity Mmugn Associated Information:UlA� Budget Approval: !'inn a0irc Legal Approval: Ciy 5,q Cimr Introduced For. Passage ❑Pint Reading Paga_ of— ®Referral 92-173, Amignedto Councilor Blenchette March 23,1992 CITY OF BANGOR (TITLE.) (PrWtltttttt0a A,aending Land Development code 77 Court Street .............. .............. Bea ordained by di City Commit of Use Gq ofBaugor, as (auowe: THAT the zoning boundary lines a established by the Zoning Map of the City of Bangor dated October 28, 19915 as amended, be hereby further amended as follows: By changing a parcel of land located at 77 Court Street (Tax Map No. 41, Parcel No. 52) from Urban Residence 1. District to Neighborhood Service District. Said parcel containing approximately 7,275 sq. ft. and beimmore particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER 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 ,s granted subject to the following conditions: I. The u and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. Pursuant to Land Development Code Article 20, a buffer yard will be established and maintained along the southeasterly boundary (side yard); along the northeasterly boundary (rear yard), and; partially along the northwesterly boundary (side yard) as shown on the Plan attached hereto. B. Use of the property will be limited to single family residence, with home occupation; business office or professional office, or community service organization. C. There shall not be a sign on the property, Other than a name place s permitted under the Sign Ordinance of the City of Bangor. D. The building shall retain Its residential character. 2. Execution by those parties with an interest in the affected property of an agreement providing for the impl anentation and enforcement ofall the terms and conditions set forth above and the recording of said executed agreement n the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file. in the office of the City Clerkand incorporated herein by reference. In the event that said agreement is not s executed within ninety (90) days from the. date of passage hererof, this Ordinanceall become null and vold. In City Council April 2911992 Amended and Passed Amended Cow Attached Vote for passage as amended 8 yes 1 No. Voting Yes, Baldacci,81anchette, Stone Cohen,£?ankel, saxyer, Souw stone Voting No SaA /��4/J L L l itY C k 92-1)3 ORDINANCE ( TITLE Arendin Land De7elomeot Code 17 Court St. In City Council March 23,1992 1 (; Pirie Reading ae£ered to Municipal Operations Asmgne 0 I " `J City Clevk �. CouncIIman In City Council April 2911992 Amended and Passed Amended Cow Attached Vote for passage as amended 8 yes 1 No. Voting Yes, Baldacci,81anchette, Stone Cohen,£?ankel, saxyer, Souw stone Voting No SaA /��4/J L L l itY C k Date April^22, 1992 Item No. 92-173 Amending Land Development Code - 77 Court Street - C.O. N hem/Subject 92-173 (As Amended) Responsible Department. Planning division Commentary: The Planning Board at its regularly scheduled meeting of April 7, 1992, held a public hearing on the above noted z change roque t.� This item was continued at that meeting to the Boards regularly scheduled meeting of April 21, 1992 in order for the applicant to work out contract conditions which would set physical limitations on the proposed reuse. Win Stevens, Esq., discussed the revised conditions and spoke in favor of his clients application. No other neighbors spoke. No one spoke in opposition. The Planning Board by a vote of 4 to I voted to recormend to the City Council that the zone change request contained In C.D. q 92-173 (As Amended) be approved. NOTE: This Ordinance . needs to be amended by substitution or the contract conditions have aAp..mm.Q: n/i changed."swDllf'[v�rrm em I.... ManComments 7tL4 n s and�A/ 6 a `JwflM yrs, chy Mn..ter AsSocated lll0hm0fiofn.¢•,Ltpl'ry,1 r _�_s BudgetApprova M Is ... eCarofor Legal APptwal: City SWich Introduced For ®Passage First Reading Pogo _of_ ❑ Referral __. -"--- 92 -173 - (AS AMENDED) "iBiNd to Councilor Blanchette April 27, 1992 CITY OF BANGOR (TITLE) (9rbh= CRd Amend ng Land Development Code .... _................ I _ 77 Court Street 1 11 Be B ordaitwd by da City Couaall offer CUB ofBauga r, as follow[.• THAT the zoning boundary lines as establisher 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 77 Court Street (Tax Map No. 41, Parcel No. 52) from Urban Residence 2 District to Neighborhood Service District. Said parcel containing approximately 7,275 sq. ft. 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 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. Pursuant to Land Development Cade Article 20, a buffer yard will be established and maintained along the southeasterly boundary (side yard); along the northeasterly boundary (rear yard), and; partially along the northwesterly boundary (side yard) as shown on the Plan attached hereto. B. Use of the property will be limited to single family residence, with home occupation; business office or professional office. C. Theme shall not be a sign on the property, other than ae place as permitted under the Sign Ordinance of the City of Bangor.am D. The building shall retain Its residential character and to that end, there shall be no alteration of the exterior of the building which results in a changeappea of Ltwoverall proportions o facade through such changes as altering the roof line, eaves line, or installing significantly larger windows. 92-73 (AS AMENDED) E, Neither the floor area nor the cubic footage of the interior of the building a it exists a of the date of this contract shall be expanded. Nor shall any primary use activity be expanded into the attic or basement levels of the building. R. Execution by those parties with an interest in the affected property of an agreement providing for the implementationand enforcement of all the terms and conditions set forth above and the recording of said executed agreement n the Penbbawt County. Registry of Deeds by the Property w copy of said agreement being on file in the office of the City Clerk and i incorporated herein by reference. In the event that said agreement not s ' executed within ninety (90) days from the date of passage hereof, this ordinance shall become null and void. 92-173 APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. I(WE) Paul E. Foster 2. of 66 Pond Road, Lewiston, Maine 04240 782-0651 Address City or Pos[ Office Telephone hereby petition to amend the zoning ordinance OE the City of Bangor, Maine by reclassifying from n -i zone to the s zone the property outlined in red on the maps attached hereto, which are part of this application, and described as follows: Maps attached. 3. ADDRESS OF PROPERTY (if any) 77 Court Street Total Area (acres or square .feet) 7.275 Square feet 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street Northeasterly side of Court Street, approximately 140 feet from Allen Court S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. Al Parcels 6. EXISTING USE: Single family residence 7. PROPOSED USE: Business office or professional office or Comm Serv. 0 E. NAME AND ADDRESS OF OWNER OF RECORD: Name Paul E. Foster Org. Address LL6,,6 Pond Road 9. NAME AND ADDRESS OF CONTRACT OWNER (if such)ewiston, ME 04240 NZA 10. SIGNATURE OF OWNER OR CONTRACT OWNER! 11. REPRESENTATIVE OF APPLICANT: Name Edmond t_ Bea (if applicable) RUDMAN 8 WINCHELL w Address R O iHd 1401'c 11 04402- 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. 401 RETURN FORM 6 DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR ME Application Fee: Processing Advertising Total Zone Change (1/2 acre or less)$250.00 .$100.00 $350.00 Zone Change (in excess of 1/2 9400.00 100 A0 5500.00 acre) Contract Zone Change VAQQW P $250.00* $850.0�0 *Two Ads Required &3&.7 ! 46 rtesa,�r PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDEkECEIVEO MAR 1 31992 92-113 CONDITIONS PROPOSED FOR CONTRACT ZONE AT 77 COURT STREET 1. Pursuant to Land Development Code Article 20, a buffer yard will be established and maintained along the southeasterly boundary (side yard); along the northeasterly boundary (rear yard), and; partially along the northwesterly boundary (aide yard) as shown on the Plan attached hereto. 2. Use of the property will be limited to single family residence, with home occupation; business office or professional office, or community service organization. 3. There shall not be a sign on the property, other than a name place as permitted under the Sign ordinance of the City of Bangor. a. The building shall retain its residential character. RECEIVED MAR 1 31992 92-113 April 13, 1992 REVISED PROPOSED CONDITIONS FOR CONTRACT ZONE AT 17 COURT STREET 1. Pursuant to Land Development Code Article 20, a buffer yard will be established and maintained along the southeasterly boundary (side yard); along the northeasterly boundary (rear yard), and; partially along the northwesterly boundary (side yard) as shown on the Plan attached hereto. 2. Use of the property will be limited to single family residence, with home occupation; business office or Professional office. 3. There shall not be a sign on the property, other than a name place as permitted under the Sign Ordinance of the City of Ranger. 4. The building shall retain its residential character and to that end, there shall be no alteration of the exterior of the building which results in a change in appearance of its overall proportions or facade through such changes as altering the roof line, eaves line, or installing significantly larger windows. 5. Neither the floor area car the cubic footage of the interior of the building as it exists as of the date of this contract shall be expanded. Nor shall any primary use activity be expanded into the attic or basement levels of the building. 92-173 Excerpt from staff Memorandum Contract Zone Change - 77 Court Street - Paul E. Foster - C. O. $ 92-173 a. Applicant requests aontract sone change from Urban Resi- dence 2 District (URD -2) to Neighborhood Service District (NSD) for a 7,275 sq. ft. parcel located at 77 Court Street. b. You will recall that at the last meeting the Board requested that this item he continued so that Staff and the applicant could work out contract conditions which would set physical limitations on the proposed reuse. The new set of condi- tions include: 1. Pursuant to Land Development code Article 20, a buffer yard will be established and maintained along the south- easterly boundary (aide yard); along the northwesterly. boundary (rear yard); and partially along the northwest- erly boundary (side yard). 2, Use of the property will be limited to single family residence with home occupation; business office or professional office. 3. There shall not be a sign on the property, other than a name plate as permitted under the Sign Ordinance of the City of Bangor. 4. The building shall retain its residential character and to that end, there shall be no alteration of the exteri- or of the building which results in a change in appear- ance of its overall proportions or facade through such changes as altering the roof line, eaves line, or in- stalling significantly larger windows. 5 Neither the floor area nor the cubic footage of the interior of the building as it ax ists as of the date of this contract shall be expanded.Nor shall any primary Use activity be expanded into the attic or basement levels of the building. c. As indicated in the April 7th Staff Memorandum, the proposed contract zone change is not consistent with the Comprehen- sive plan as required under Article 2, Section 6.6 (B), and would be considered "spot zoning." In addition, the change in zoning would increase the nonconformity of the lot. Staff's position is e unchanged and would still recommend that the Planning Boardrecommend denial to the City Council. QQi URD -2 TO NSD CONTRACT A� CONTRACT ZONING AGREEMENT 0'_-(3 _ OK5063 PG217 THIS AGREEMENT is made as of May, I1, 1992, by and be- tween the CITY OF BANGOR, a municipal corporation with a place of business located at 73 Harlow Street, in Banger, County of Penobscot, State of Maine and PAUL E. POSTER, of Lewiston, County of Androscoggin, State of Maine WITNESSETH: WHEREAS, Paul E. Foster 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 77 Court Street, and being identified on City of Bangor Assessor's Nap No. 41, as Lot 52. Reference may be had to a deed recorded n the Penobscot County Registry of Deeds in Volume 3336 . Page 227, for a more particular deaeription of said land; and WHEREAS, pursuant to 30-A M.R.B.A. Section 4352 and Chapter VIII, Article 2, See. 6.6 of the Laws and Ordinances of the City of Bangor, application was made for a contract 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 7,275 59. ft., all as set forth in Exhibit A attached hereto and incorpo- rated herein by reference, from an Urban Residence 2 District tO a Neigh- borhood Service 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 pre- mises, 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 92-173 (as amended), whereby it reclassified the subject premises from Urban Residence 2 District to 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 92-173 (as amended) and the restrictions and/or conditions contained therein being attached hereto as Exhibit B and incor- porated herein by reference. NOW THEREFORE, in consideration of the reclassification of the subject premises from an UrbanResidence 2 District to a Neighborhood Service District under the Land Development Code of the City of Bangor, the par- ties hereto agree as follows: 1. Paul B. Poster, his s and assigns, hereby covenants and successors a oven agrees that the use, occupancy and/or development of the subject promises, A5063 Pc218 in addition to other applicable laws, ordinances, or regulations of the City of Bangor, shall he subject to the following restrictions and/or conditions on the physical development or operation of said property: A. Pursuant to Land Development Code Article 20, a buffer yard will be established and maintained along the southeasterly boundary (aide yard); along the northeasterly boundary (rear yard), and; partially along the northwesterly boundary (aide yard) as shown on the Plan attached hereto. B. Use of the property will be limited to single family residence, with home occupation; business office or professional office. C. There shall not be a sign on the property, other than a me plate as permitted under the sign ordinance of the City of Bangor. D. The building shall retain its residential character and to that end, there shall be no alternation of the exterior of the build- ing which results in a change in appearance of its overall propor- tions or facade through such changes as altering the roof line, eaves line, or installing significantly larger windows. E. Neither the floor area nor the cubic footage of the interior of the building as it exists as of the date of this contract shall be expanded. Nor shall any primary use activity be expanded into the attic or basement levels of the building. 2. The Owner hereby agrees that the above -stated restrictions, provi- sions, conditions, covenants, and agreements a made a essential part of this Agreement, shall run with the subject premises, shall bind the owner, his successors and assigns, to 0 r 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 ]and. 3. The Owner hereby agrees that if he, or any person claiming under r through him, shall at any time violate or attempt to violate, or shall mit to perform or observe any one or more of the foregoing restrictions, provisions, conditions, covenants, and agreements, the City of Bangor and the abutting landowner(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 viola- tions of this Agreement in the same manner that it i autho- rised to prosecute violations under the Land Development Code of the City of Bangor in effect at the time of said solations. For the purposes herein, aviolation of this Agreement shall be deemed a violation of said Land Develop- ment 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 2 BK5063 Pc219 same pursuant to said Code shalt constitute a separate of- fense. 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 Agree- ment 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 waiver of the right to do so thereafter as to the same breach or violation o s to any breach or violation occurring prior t0 Or subse- quent thereof. 9. The City of Bangor and the Owner hereby agree that the provisions of this Agreement shall remain n full force and effect until such time as the a may be modified, amended, repealed, and/or replaced upon their rittenagreement. 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 premises is changed by the City Council, any use established under the provisions outline in Para- graph 1, subparagraphs A., B., C., D., and B., above, subject tO the re- strictions, provisions, Conditions, Covenants, and agreements contained in this Agreement, shall be allowed to continue as a nonconformity or snon- conforming v whichever the ease may be, i accordance with the provi- sions of the Land Development Code, as may be in 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 92-173 (as amended) or the terms of this Agreement. y. The parties hereto hereby agree that if onof the restrictions, provisions, conditions, covenants, and agreements, or portions thereof, contained in this Agreement is for any reason held invalid or unconstitu- tional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such determina- tion shall not affect the validity of the remaining portions hereof. Provided, however, that parties hereto hereby further agree that n the event any of the contracted provisions contained in paragraph 1, subparagraphs A., B., C., D., and B., above, a validated o such other provision i invalidated s s to constitute a mater material changeithe restrictions, provisions, conditions, Covenants, and agreements negotiated by and between the parties, the City of Bangor or abutting land owners 3 BK -5063 PG220 shall have the power to seek a reversion and/or change of the zoning of the subject premises to the current zoning classification a may 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 aabutting property owner to the subject premises, shall be processed in accordance with the procedure established for an amendment to the Land Development Code in affect at the time, and shall be valuated inaccordance with the criteria established for the r of zone change applications. It being the intent of the parties hereto that the owner n shall not be allowed to benefit from the a change for the subject premises in the event that the City of Bangor or abutting land owners e deprived of the conditions negotiated to minimize the negative externalties of the requested rezoning. 8. Except as expressly modified herein, the use and occupancy of the subject promises shall be governed by and comply with the provisions of the Land Development Code Ordinance of the City of Bangor and any applica- ble amendments thereto or replacement thereof. IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. _v Wit sa &b� z _.. sa STATE OF MAINE Androscoggin, as., Td� PeLLI R. Poster CITY OF BANGO/RC/)..}[�¢�(�!(�\�f\yd N Edward A. -Barrett Its City Manager 1993 Then personally appeared the above-named Paul E. Foster and acknowl- edged the foregoing to be his free act and deed. Before me, eCnted atice a Peace r Attorney at Law OK5063 PG22I STATE OF MAINE Penobscot, as. rh AT I 1 , 1992 Then personally appeared the above-named Edward A. Barrett and acknoNl- edged 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, o PrintedNaae:'rA ?I Rb] Notary Public Att---- - -- /a/a3/96 �^ I aL ml4OAY \ / P<E,FC EB KErzIT V .. r.. 5063 PG223 U10 URD111111112 TO • CONTRICT EXIT I BIT A