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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. g 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 `- � k 92-41➢ HDR TO HDR CONTRACT v _ a " I rJ•5�07�_ �?� ,r f !.21 wedo= L ya � o £?J Y. t i v _ a " 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 ` v 8 �U 1 _ l r1 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: �= Xie CITT CLEM 319§§- 1 0 I,•J am] HDR Ll tDR & LDR CONTRACT: TO HDR CONTRACT --'' C4" .�N m nCP N A S O 319§§- 1 0 I,•J am] HDR Ll tDR & LDR CONTRACT: TO HDR CONTRACT --'' C4"