HomeMy WebLinkAbout1992-09-14 92-417 ORDINANCEIntroduced For
Q Passage
❑ First Heading Pap _of—
® Referral
Date5 oram .r_eLq 2
Item No.92_417
Amending the Land Development Code - Huston
Avenue
Ilam/Subject
Responsible Department: planning Divisiop
Commentary:
Referral to Planning Board.
Applicant is requesting a contract zone,change from Low
Density Residential
District and Lox Density ResidentialDistrict (Contract)
to High. Density
Residential District for part of a parcel of land located off Husson Avenue.
The area in question is approximately 39.960 sq. fa.
M memuawd
Marwger's Comments:
City Me Ahoi
Associated information:
Budget Approval
pias mr Nwo
Legal Approval: _
Cry avower
Introduced For
Q Passage
❑ First Heading Pap _of—
® Referral
92-41)
Age" land to Cwmeilor Soucy, September 14, 1992
CITY OF BANGOR
,Pmendtn
((TITLE.)KD"aTmtce, _8td Development Code..
.............
'Musson Avenue
Ik i6 ordaiud 6p He Cfty Conwell ofW CdtpafLanpor, as foilau+e:
THAT the zon Ing boundary Imes �'x 5 as to b i shed by the son i IS Nap of the City
of Bangor dated. October. 28, 1991, as amended, be hereby further amended as
foil cans: W C
By changing part of a parcel of; land located off Musson Avenue (Tax Map No.
R-41, Part of Parcel No. 41) from Low Density Residential District and Lar
Density Residential District (Contract) to High Density Residential District.
Said part of a parcel containing approximately 39,960 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:
I. That use
and/or operation. of the subject premises shall be subject
to the fall beinglimitations and/or restrictions:
A. The land described inthe sketch attached as Exhibit A shall be
maintained and preserved asopen space; there shall ben structures
constructed o said land. Vegetationwill be me intained and, a
ary,replanted to maintain an effective begetative screen
between said land and the ajacent residential area;
such vegetative
screen will be maintained at the location shown inExhibit A.
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 said executed agreement
In the Penobscot County Registry of Deeds by the property owner, a copy Of said
agreement being on filein the office of the City Clerk and incorporated herein
by reference. In the event that said agreement is not so �
executed within ninety
(90) days from the date of passage hereof., this Ordinance shall second null and
void.
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92-LiZ
ORDINANCE
IN CITY COUNCIL TI11E.) Amending. Lend Development
Sept eaber 14, 1992 Code - Hasson Avenue
Received let reading
Referred to Appropriate
Co®ittes.
6. -rVldow
Aeugned to
Ci
In City Cornea October 14,1992
Passed Vote B Yes
1 Absent
Voting Yee Bsldacci, Blanchette, Bragg
-
Cohen, Frankel, Sawyer, Coal, Sooty
-
Absent Stone
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92-41➢
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92-417
PP ON FOR LhuND DEVELOPMENT CODE AND N.hP AMBNDHPNT
TO: THE CITY COUNCIL AND DATE September 4, 1992
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1. 1(WE) ROSS Manor Asso Ciaces
2. of 489 State Street Bangor, HE 04401 945-7059
Address City or Poet Office Telephone
hereby petition to amend the Land Development Code of the City of
Bangor, Mai:e by reclassifying from _ Lo.+ Densicv Res idencial
district to the High Density Residential district for the
property outlined in red on the maps attached hereto, which are
part of this application, end described as follows:
3. ADDRESS OF PROPERTY (if any) Hasson Avenue
Total Area (acres or square feet) 39.960 sq. feet
4. PROPERTY LOCATION (General location): Example - South side of
State Street 400 yards. East of Pine Street
Adjacent to Ross Manor nursing hone at intersection of Broadway and north side
of Husson Avenue, Portion of
5. LEGAL DESCRIPTION OF PROPERTY.- Assessors Map No. R 41 Parcel 41
6.. EXISTING USE: vacant
]. PROPOSED USE:vacant/lot area to meet zone reouirenents of adia ent development
S. NAME AND ADDRESS OF OWNER OF RECORD: Name Rosscare
Address 480 s g
9. NAME AND ADDRESS OF CONTRACT OWNER (if such): Ross Manor Associaceg401
10. SIGNATURE OF OWNER OR CONTRACT OWNEROI n _ ,(
-(. Andrew ilug vq eL S4 'j�ma��
11. REPRESENTATIVE OF APPLICANT: Nan= PAndzew Hamrlco^ gs a...hJ
(if applicable) (d``77__
Addre^a P.O. Bax 123e Bangor,ME 04402-1210
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM b DUPLICATE TO PLANNING D' SS• CIT" HALL. BANGORR, ME,
_Application fee - _v oce55ino AdieLtisinc moral
Zone Change (1/2 acre or less).$213.50 $200.00• $473.50
Zone Change (in excess of 1/2 acre)- $43].]5 $200.Cia S63G.05
Contract gone Change $E_6.50 $250.00" $90G.50
*Two
Ads Required
PLEASE READ
PROCESSING
PROCEDURE
ON
REVERSE
SIDE
92-41]
Condition for Ross Manor Contra Zone Chanee
1. The land described in the sketch adached as &hibit A shall be maintained and
preserved as open space; there shall he no staucmms constructed on said land.
Vegetation will be maintained and, as necessary, replants to maintain an effective
vegetative scram between said land and the adjacent residential area; such vegetative
screen will be maintained at the location shown in flxhibit A.
MEMORANDUM
DATE: July 27, 1993
TO: Russ MCEenna, City Clerk
FROM: Lynn Johnson, Planning Secretary
SUBJECT: Original Copy of Contract Lone Change Agreement -
C.O. W 92-417
Attached is the original copy of the Contract Zone Change
Agreement between the City Of Bangor and Ross Manor Associates
for property located at 758 Broadway.
Please keep this on file with C.O. A 92-417.
L.P.J.
vo1oT7, BK5250 Pc005
CONTRACT ZONING AGREEMENT
TRIS AGREEMENT is made as of January B, 1993, by and between the CITY
OF BANGOR, a municipal corporation with a place of business located at 73
Harlow Street, in Bangor, County of Penobscot, State of Maine and ROSS
MANOR ASSOCIATES, a Maine Partnership with its principal place of business
being located at Bangor, County of Penobscot, State of Maine
WITNESSETH:
WHEREAS, Ross Manor Associates are the owners of r,ord of a certain
parcel of land situated in Bangor, County of Penobscot, estate of Maine,
said land being located at 758 Broadway, and being identified on city of
Bangor Assessor's Map No. R-41 as Part Of Lot 41. Reference may be had to
a deed r,corded in the Penobscot County Registry of Deeds in volume $347,
Page 56, for a more particular description of said land; and
WHEREAS, pursuant to 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 wemade for a contract s 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
39,960 sq. ft. all as set forth in Exhibit B attached hereto and
incorporated herein by reference, from a Low Density Residential District
and Low Density Residential (Contract) District t0 a High Density
Residential District under the Land Development Code of the City of
Bangor, said application proffering certain conditions or restrictions
relating t0 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 92-417, whereby it
,classified the subject premises from Low Density Residential District
and Low Density Residential (Contract) District to High Density
Residential District under the Land Development Code of the City of Bangor
subject to _certain restrictions and/or conditions, a copy of said Council
Ordinance 92-417 and the restrictions and/or conditions contained therein
being attached hereto as Exhibit C and incorporated herein by reference.
NOW THEREFORE, in consideration of the reclassification of the subject
premises from Low Density Residential District and Low Density Residential
(Contract) District to High Density Residential District under the Land
Development Code of the City of Bangor, the parties hereto agree as
follows:
ap''
3K5250 PG006
1. Rosa Manor Associates, their successors and assigns, hereby rose -
Cent
s -Cent and agree 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 proper-
ty:
A. The land described in the sketch attached as Exhibit A shall be
maintained and preserved as open space; there shall be no struc-
tures constructed on said land. Vegetation will be maintained
and, as necessary, replanted to maintain an effective vegetative
screen between said land and the adjacent residential area;
such
vegetative screen will be maintained at the location shown in
Exhibit A.
2. The Owners hereby agree that the above -stated restrictions, provi-
sions,
v
conditions, covenants, and agreements a made an essential part of
this Agreement, shall run with the subject premises, shall bind the own-
ers,
their successors 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
n
any part thereof, and shall inure to the benefit of,
and be enforceable by, the city of Bangor, by and through its duly autho-
red representatives, and the owner or owners of any abutting parcels of
land.
3. The Owners hereby agree that it they, or any person claiming
under or through them, shall at any time violate or attempt to violate, or
shall omit to perform or observe any one
or more
of the foregoing restric-
tions, 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 is autho-
red 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, a violation 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
solation is permitted to exist after notification of the
same pursuant to said Code shall constitute a separate of-
fense.
b. The City of Bangor and/or the o 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 owners further agree that the failure ofthe city of Bangor or the
owner or owners of abutting parcels to object to any violation, however
BK5250 P0007
long continued, or to enforce any restrictions, provisions, conditions,
covenants, or agreements contained in this Agreement shall in no
event be
deemed a m
of the right to do so thereafter as to the same or
violationoras to any breach or violation occurring prior to or subse-
quent thereof.
4. The City of Bangor and the Owners hereby agree that the provi-
sions
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 by the parties hereto
that any such change shall be in accordance with the laws of the State Of
Maine and the Land Development Codeof the City of Bangor, shall be treat-
ed 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 thea 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 para-
graph 1, subparagraph A., above, subject to the restrictions, provisions,
conditions, covenants, and agreements contained in this Agreement, shall
be allowed to continue as a nonconformity o nonconforming use, whichev-
er the case may be, in accordance with the provsions of the Land Develop-
ment 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 92-417 or the terms of this Agreement.
y. 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 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
in the event any of the contracted provisions contained in paragraph 1,
subparagraph A., above, are invalidated or such other provision i revali-
dated s s to constitute material change in the restrictions, provi-
conditions, covenants, and agreements negotiated by and between the
parties, the City of Bangor or abutting land Onshall have the power
n
to seek a and/or change of thezoning of ownersshall
subject premises to
the c
current ezoning ma
classification as y bei 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 i
accordance with the procedure established for an
amendment to the Land
Development Code in affect at the time, and shall be evaluated i -
dance with the criteria established for the review Of zone change applies-
ax5250 P0008
tions. It tieing 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 negotiated to minimize the negative externalties of the request-
ed rezoning.
8. 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 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.
ROSS MANOR ASSOCIATES
By FIRST ATLANTIC CORPORA-
TION, a Partner
BY: ReThId of in M.er./[ fc —
Its President
By ROSSCARE NURSING HOME
OF BANGOR, � INC. /J
BY: eIN/A &"""
Ken eth Hews
Its President
nn CITY OF BANGOR
�TYt> BY:c0 �l1 .
W ase Edward A. Barrett
Its City Manager
STATE OF MAINE
Penobscot, as.,
BK5250 F0009
1993
k
Then personally appeared the above-named and acknowl-
edged the foregoing to be his free act and deed and the'free act and deed
of the said Partnership. {t Jp. i. it)-No...;hnn, A+rb�,xy .F ?v de.ebA
STATE OF MAINE
Penobscot, as. 1993
The personally appeared the above-named Kenneth Hews and acknowledged
the foregoing to be his free act and deed and the free act and deed of
said partnership.
Before me,
d/
,! gamasp avenues xinted Name:
°°•n'°^^t+e• Justice of the Peace
Ah s°.mi.i'd Lgtlnp g°ow�kle)Wotary Public
Attorney at Law
STATE OF MAINE
Penobscot, as. - Joovoey 13 . 1993
Then Personally appeared the above-named Edward A. Barrett and acknowl-
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,
W
P intetl NamgPe: ✓mr
Me6eE2 Public ^_a ___es
Attorney at Law
Z
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T i y1; 3a
9
2-417BK5250 PG0I I
LDR
TO HDR CONTRACT
EXH13IT 6
a�a�250 PGO 12
92-417
"A" red to Councilor_ Sooty, September 14, 1992
CITY OF BANGOR
(TIKE.) (0rbij1ZMr2f Amending Land Development Code
Musson Avenue
Be k ordaind by W CYEy Council of Am City NBmnuor, as falmew:
THAT the zoning boundary lines a established by the Zoning Map of the City
of Bangor doled CAlobe r 29, 19915 as amended, be hereby further amended as
fol I ws:
By changing part of a parcel of land located off Musson Avenue (Tax Hap No.
R-41, Part of Parcel No. 41) free Lw Density Residential District and Law
Density Residential District (Contract) to High Density Residential District.
Sold part of a parcel containing approximately 39,960 sp. 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. That use
and/or operation of the subject premises shall be subject
to the Poll winglimitations and/or restrictions:
A. The land described in. the sketch attached as Exhibit A shall be
ma lntained and preserved asopen space: there shall ben structures
constructed o said land. Vegetation will be ma lntained and, a
necessary. replanted to maintain an effective vegetative screen
between said land and the ajacent residential area;
such vegetative
screen will be maintained at the location shown in Exhibit A.
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 said executed agreement
n
n the Penobscot County Registry of Deeds by the property ow copy of said
agreement being on file in the office of the City Clerk and incorporated herein
by reference.
v
In the e
event that said agreement not s ,
executed within ninety
1(90) days free the date of passage hereof, this Ordinance shall become. nulland
void.
Itl CITY COUSC!1 EXHIBIT C
October 14, 1992
Passed
A True Copy Attest:
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