HomeMy WebLinkAbout1990-03-26 90-130 ORDINANCEDep April 3. 1990 Nem No. 90_130
item/Subject: Amending Zoning Ordinance - 1196 Kenduskeag Avenue -
Contract Zone Change - C.O. d 90-130 (As Amended)
Remomibb Department: Planning Division
Camnxnbry:
The Planning Board at its regular meeting of April 2, 1990 held
a public hearing on the above -noted contract zone change request.
Michael Goodman, Esq., representing the applicant, explained
his client's request. No one spoke in opposition.
The Planning Board voted 5 to 0 to recommend to the City Council
that C.O. p 90-130 (As Amended) he approved. -
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DM March 19, 1990 Gd'f v item No. 90-130
Itmn/Subkm: Amending Zoning Ordinance - 1196 Kenduskeag Avenue -
Contract Zone Change
R»pontiblo Department:
Planning Division _
Commm4ry:
This request is: for a' contract zone change from Agricultural Zone
to Residential. 2 Zone' for property. located at 1196 Kenduskeag
Avenue. The property in question contains an area of approximately
2.9 acres andthe applicant is proposing one condition that
will allow a density of two (2) dwelling units per a 2.9 acre
area,
For Referral to Planning Board
n. mmnrHad
Manegx eCommvnv. ,
. fvY xnwM"_
Awxiated lnbnrcRon:pu �r
liudpt Approval: f+f
Fuavee Obevfor
Lvyl ApprorN:
Cny SWvimr
Introduced For
DPamu v
❑Firs Reading
X Referral page — of _
90-130
(As Amended)
Awip:ed to CowaBor
CITY OF BANGOR
(TITLE.) @T$[11BT= Amending Zoning_Ord ace ,,,
1196 Kenduskeag: Avenue
Be iE ordaimmd by fAe City Comwii olthe 61ty olBanyor, nlotkms:
THAT, the zoning boundary lines as established by the Zoning Map
of the City of Bangor dated September 23, 1974,.as amended, be
hereby further amended as follows:
By changing part of.a parcel of land. located t 1196 Kenduskeag
Avenue (Tax Map No. R -3,2z Part of Parcel3D)from Agricultural
Zone to Residential 1 Zone. Said part of a parcel containing
approximately 2.9 acres 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 21, Section 11.3, 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. That the density shall be limited to two.(2) dwelling
units per a 2.9 acre area.
B. That the additional dwelling unit either be connected
to the existing on-site waste disposal system or to the
City's sewer 'system.
2. Execution by those parties with an interest in the affected
property of a agreement providing for theimplementation. 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 file in the Office of the City Clerk and incorporated herein
by reference. In the event that said agreement is not so executed
and recorded within ninety (90)days.from the date of passage hereof,
this Ordinance shall become null and. void.
-Bk4641 PGO1890-130
(As Amended)
Assigned to Commdlor
CITY OF BANGOR
MTLE,) CffirDtlt=re, Amending Zonvng,Ord a
1196 Kenduskeag Avenue
Be ie w4aised by W City Couno4 of Ne City ofBm van as fdtowa:
THAT, the zoning boundary lines as established by the Zoning Map
Of the City of Bangor dated September 23, 1974, as amended, be
hereby further amended as follows:
By changing part of a parcel of land. located at 1196 Kenduskeag
Avenue '(Tax Map No. R-32-, Part of Parcel 3D) from Agricultural
Zone to Residential 1 Zone. Said part of a parcel containing
approximately 2.9 acres 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 21, Section 11.3, Ordinances of the
City of Bangor, said change ofzone 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. That the density shall be limited to two (2) dwelling
units per a 2.9 acre area.
B. That the additional dwelling unit either be connected
to the existing on-site waste disposal system or to the
City's sewer system.
2. Execution by thoseparties with a interest in the affected
property of an agreement providing for then implementationand
enforcement of all the terms and conditions set forth above and
the recording of said aa cuted agreement in the Penobscot County
Registry of Deeds bytheproperty owner, a copy of said agreement
being on file in the Office of the City Clerk and incorporated herein
by reference. In the event that said agreement is not so executed
and recorded within ninety (90) days from the date of passage hereof,
this Ordinance shall become null and void.
IN CITY COUNCIL
April ll, 1990 3333Orn•
Peered as Amended .
A T[ a A[ eeL
I iJ '�.�,�C EXHIBIT B
CITY CLERK
90-130
AwignM rof nndw Sullivan, March 26, 1990
A�:pp' CITY OF BANGOR
(TITLE.) P alilt2MUPy ._Amending Zoning Ordinance
1196 Kenduskeag Avenue
Beaordained by Ow Cir Com QfW City NBaswr, w PoHawa:
THAT, the zoning boundary lines as established by the Zoning Map
of the City of Bangor dated September 23, 1974, as amended, be
hereby further amended as follows:
By changing part of -a parcel of land located at 1196 Kenduskeag
Avenue.,(Tax. Map No. R-32, Part of Parcel 3D) from Agricultural
Zone to Residential 2 Zone. Said part of a parcel containing
approximately 2.9 acres and being more particularly indicated on
the map attached hereto and made a part hereof.
PROVIDED, HOWEVER, THAT, in addition to the mandatoryconditions
imposed by Chapter VIII, Article 21, Section 11.3, 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. That the density shall be limited to two (2) dwelling
units per a 2.9 acre area.
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 file in the Office of the City Clerk and incorporated
herein by reference. In the event that said agreement is not a
executed and recorded within ninety (90) daysfrom the date of passage
hereof, this Ordinance shall become null and void.
90-130
ORDINANCE
'IN; CSP} COUNCIL ( TITLE,) Amending. Zoning ordinance 1196 Renduakeag
March 26, 1990 Avenue
Referred to, Planning _
gnats
CITY C' &/!^w d. I
IN CITY COUNCIL /�/YA�✓^"�"^"'
April Il, 1990 ] GHMIMm
Passed as Amended by the
following yes and no votes.
Councilors voting yes:
Baldaccl, Blanchette, Cohen, -
Englana. Sawyer. Saxl, snanaua and -
Stone. Councilor Sullivan absent.
Amenae4 by Substitutiary.
CITT CL
90-130
Aedgned to Counedor Sullivan, March 26, 1990
r CITY OF BANGOR
(TITLE,) Or1111B11CBr An dung Zoning anc
Ordine
1196 Kenduskeag Avenue
Be it ordained 6y W city coum+i of tw City ofBansor, aafoamvn
THAT, the zoning boundary lines as established by the Zoning Map
of the City of Bangor dated September 23, 1974, as amended, be
hereby further amended as follows:
By changing part of a parcel of land located at 1196 Kenduskeag
Avenue (Tax Map No. R-32-, Part of Parcel 3D) from Agricultural
Zone to Residential 2 Zone. Said part of a parcel containing
approximately 2.9 acres 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 21, Section 11.3, Ordinances of
the City of Bangor, said change of zone is granted subject to the
fallowing conditions:
1. The use and/or operation of the subject premises shall
be subject to the following. limitations and/or restrictions:
A. That the density shall be limited to two (2) dwelling
units per a 2.9 acre area.
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 file in the Office of the City Clerk and incorporated
herein by reference. In the event that said agreement is not so
_ executed and recorded within ninety (90) days from the date of passage
hereof, this Ordinance shall become null and void. -
(9dg of Paagar, flllahw
DEPAAGA ENT OF PLAN N ING AND COMMUNITY DEVELOPMENT
am, April 12 1991
Jan M. UPA
Planni,q Officer
MI Runs McKenna, City Clerk
9,Wn. Contract Zone Change Agreement - C.O. d 90-130(4anNei)
Attached is the original copy of the Contract Zone Change
Agreement between the City of Bangor and Richard Aiken for
property located at 1196 Kenduskeag Avenue.
Please file this agreement with C.O. d 90-130
LOIJ
(9dg of Paagar, flllahw
DEPAAGA ENT OF PLAN N ING AND COMMUNITY DEVELOPMENT
am, April 12 1991
Jan M. UPA
Planni,q Officer
MI Runs McKenna, City Clerk
9,Wn. Contract Zone Change Agreement - C.O. d 90-130(4anNei)
Attached is the original copy of the Contract Zone Change
Agreement between the City of Bangor and Richard Aiken for
property located at 1196 Kenduskeag Avenue.
Please file this agreement with C.O. d 90-130
r
BK4641 PGO13
' 011081
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of May a , 1990, by and be-
tween the CITY OF BANGOR, amcipal corporation with a place of business
located at Ir Harlow Street, in Bangor, County of Penobscot, State Of
Maine and'RICHARO H. AIKEN, of Bangor, County of Penobscot, State of Maine
WITNESSETH(
WHEREAS, Richard H. Aiken 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 1196 Kenduskeag Avenue, and being identified on City of
Bangor Assessor's Map No. R-32, as Part of Lot 30. Reference may be had
to a deed recorded in the Penobscot County Registry of Deeds in Vol-
ume 3794 , Page 247 , for a more particular description of said land; and
WHEREAS, pursuant to 30 M.R.S.A. Section 4352 (B) and Chapter VIII,
Article 2, Sec. 8 and Article 21, Sec. 11 of the Laws and Ordinances of
the City of Bangor, application was made for a contract zone
change,
-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 2.9 acres, all a set forth in Exhibit A attached
hereto and incorporated herein by reference, from an Agricultural Zone to
a Residential 1 Zone under the Zoning Ordinance of the City of Bangor,
aid application proffering certain conditions on restrictions relating to
the physical development and/or operation of thesubject 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 90-130 las amended), whereby
it reclassified the subject promises from an Agricultural Zone to a Resi-
dential 1 Zone under the Zoning Ordinance of the City of Bangor subject to
certain restrictions and/or conditions, a copy Of said Council Ortlinancs
90-130 (as amended) and the restrictions and/Or conditions contained there-
in being attached hereto as Exhibit B and incorporated herein by refer -
NOW THEREFORE, in consideration of the reclassification of the subject
premises from an Agricultural Zane to a Residential 1 Zone under the Zon-
ing Ordinance of the City of Bangor, the parties hereto agree as follows:
1. Richard H. Aiken, his s and assigns, hereby covenant and
successors s oven
agree that the use, occupancy end/or development of the subject premises,
Ci addition to other applicable laws, a dinances,following o regulations of the
City of Bangor, shall be subject to nt following restrictions
pr antl/or
conditions on [M1e physical development or operation of said property: j
SX4641 PGO 14
B. That the density shall be limited to two (2) dwelling units
n the subject premises which consists of 2.9 acres, more on
less.
B. That the additional dwelling unit either be connected to the
existing on-site waste disposal system or to the City's
sewer system.
2. The Owner hereby agrees that the above -stated restrictioaprovi-
sions,
conditions, covenants, and agreements a made a essential part of
this
sAgreement, shall run with the subject premises, shall bind the on
his zuccessors and assigns, to 0 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
rapresentatives, and the owner or owners of any abutting parcels of land.
]. 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
omit to perform or observe any o of the foregoing restrictions,
o
provisions, conditions, Covenants, and agreements, the City of Bangor and
the abutting iandowner(5)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 s r that it i autho-
red to prosecute violations under n
the Zoning Ordinance of
the City of Bangor in effect at the time of said viola-
tions. For the purposes herein, aviolation of this Agree-
ment shall be deemed a iolation of said Zoning Ordinance
and shall be subject to the penalty provisions of said Qrdi-
nance in at the time of violation. Each day that a
violation is permitted to exist after notification of the
same pursuant to said Ordinance shall constitute a separate
offense.
b. The City of Bangor and/or the o f parcels o
wise or owners o
land
institute
wut[M1 abut the subject premises proceedings,
have the eight to
nghttuts any and all actions or d provision including the
right to a all the terms and provisions of this Agree-
ment by injunction, legal and equitable actions and all
other lawful process on the enforcement of the same.
The Owner further agrees that the failure of the City of Bangor or the
owner or of abutting par s to object to any v olation, however
longconti,
continued, or to enforce anyrestrictions, provisions, conditions,
covenants, on agreements contained in this Agreement shall in n ent be
w
deemed a m
of the right to do so thereafter as to the same breach or
violation on as to any breach or violation occurring prior to subsequent
thereof.
4. The City of Bangor and the owner hereby agree that the provisions
of this Acreement shall remain in full force and effect until such time as
BK4641 PGO 15
the s may be modified, amended, repealed, and/or "placed upon their
ritten 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 Zoning Ordinance 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 c nstrued s s 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 I, subparagraphs A., and B., above, subject to the restrictions,
provisions, conditions, covenants, and agreements contained in this Agree-
ment, shall be allowed to continue a nonconformity o nonconforming
whichever the c c
may be, in accordance with the provisions of the
Zoning Ordinance, as may be in effect at the time of said zone changer
governing the same.
6. The parties hereto hereby agree, for themselves, their successors
and assigns, to waive any and all rights to challenge the validityof
Council Ordinance 90-130(as amended) or the terms of this Agreement.
T. The parties hereto hereby agree that if anof the restrictions,
s
provisions, conditions, c ants, and agreements, on portions thereof,
contained in this Agreement is for any r n held invalid o unconstitu-
tional by any count 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., and B., above, are
invalidated o such Other provision
is invalidated s s to constitute a material change in the restrictions,
provisions, conditions, covenants, and agreements negotiated by and be-
tween the parties, the City of Bangor on abutting land owners
shall have
the power t0 eek a reversionand/or change Of the zoningofthe subject
premises to the current zoning classification as may be in effect at the
time of the processing of any such reversion
r
and/or change. Said r -
aion and/or change may be initiated bya representative of the City
Bangor or an abutting property owner to the subject premises, shall be
processed i accordance with theprocedure established for an amendment to
the Zoning Ordinance in affect at the time, and shall be evaluated i
accordance with the criteria established for the review of z change
applications. It being the intent Of the parties hereto that the owner
o
shall not be allowed to benefit from the z change for the subject pro-
mises n the event that the City Of Bangor or abutting land owners
deprived of the conditions negotiated to minimize the negative external -
ties of the requested rezoning.
a. Except as expressly modified herein, the use and occupancy of the
subject premises shall be governed by and comply with the provisions Of
the Zoning Ordinance of the City of Bangor and any applicable amendments
thereto or replacement thereof.
BK4641 PGO 16
IN WITNESS WHEREOF, this Agreement has been executed and delivered as
of the dayan d year first eabove written.
lfAdl_ R.
Wl to ss Q yRic ken
CITY OF BANOryOO�{Rj
�e..1 BY
With Edward A. Barrett
Its City Manager
STATE OF MAINE
Penobscot, ss., "®tl, 9 , 1990
Then personally appeared the above-named Richard H. Aiken and acknowl-
edged the foregoing to be his free act and deed.
BanEore
al
Pp,inted,ffamez
ustico o£ the Peace
Notary Public
Attorney at Law
LUKkAWSRAGG
NEWS, she
WMESSM0 EWES ESF .WNERR "AS
STATE OF MAINE
Penobscot, as. `TtK"_� g , 1990
Then personally appeared the above-named Edward A. Barrett and acknowl-
edged the foregoing to be his free act and tleetl in his said capacity as
City Manager and the free act and tleetl of said City of Bangor.
Before me,
..
Printed Name: Tiaru` 1FE CM�
spa Pc
Notary Public
A GK4641 PGO 17
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--/----�'--- EXHIBITA
0X44¢3161 PGO 19
(As Amended)
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90-130
APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE March 15. 1990
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1. TOM Richard H. Aiken
2. of 1196 Renduskeag Avenue, Bangor, Maine 04401 942-0284
Address City or Post Office Telephone
hereby petition to amend the zoning ordinance of the City of
Bangor, Maine by reclassifying Erma Me
1 na to
the R-2 zone the Property outlined in red on the maps
attac ed -n hereto, which are part of this application, and
described as follows:
3. ADDRESS OF PROPERTY (if any)1196 Kenduskeaq Avenue Bangor, Maine
Total Area (acres or squarefeet)J 9 a
4. PROPERTY LOCATION (General Description): Example South side of
State Street 400 yds. East of Pine Street
generally westerly side of Renduskeag Avenue.
5. LEGAL. DESCRIPTION OF PROPERTY -Assessors Map No. R32
Parce3003D
6. EXISTING USE: single family dwellingwith unattached
7. PROPOSED USE: second dwelling unit over the garage
B. NAME AND ADDRESS OF OWNER OF RECORD: Name Richard H.
Aiken
- 1196 Nenduskeag
Avenue
Andreas Bangor. Maine
04401
9. NAME AND ADDRESS OF CONTRACT OWNER (if such): N/A
V 10. SIGNATURE OF OWNER OR CONTRACT OWNER:
tPevchard
H. Aiken
11. REPRESENTATIVE OF APPLICANT: Name Michael F.. Ogoaman
(if applicable) 21 Main Street
Addressgangor Maine 044nl
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM 6 DUPLICATE TO PLANNING DIVISION, CITY HALL,
BANGOR, ME.
ApplicatiOA Fee: Processing Advertising
Total'
Zone Change (1/2 acre or
less) $125.00 $ 50.00
$115.00
Zone Change (In excess of
1/2 acre) - $225.00 $-50.00
$275.00
Contract Zone Change $400.00 $250.00*
$650.00 —
* Two Ads Required
PLEASE BEAD PROCESSING PROCEDURE ON REVERSE SIDE
90-130
PROPOSEDCONDITIONFOR CONTRACT ZONE CHANCE - 1196 Reoduskeag Avenue
1. That the density shaii be limited to two (2) dwelling units per a 2.9
US
90-130
�WpiJI (As. Amended)
R11
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t
�q pp��
x moo eamm 1r I�\\\\\\'iA TO R l
2 CONTRACT
APPLICATION POR ZONING ORDINANCE. AND MAP AMENDMENT
'
TO: THE CITY COUNCIL AND DATE March 15.
1990
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1. IF= Richard H. Aiken
2. of 1196 Renduskeaa Avenue, Bangor Maine 04401
942-0284
AdtlCity or Post Office
Telephone
hereby petition to amend the zoning ordinance of the
ofram
City of
Bangor, Maine by reclassifying agricultural
zone to
the R-2 zone the property outlined in'red
on the maps
attached ereto, which are Part Of this application,
and
described as follows:
3. ADDRESS OF PROPERTY (if any)1196 Renduskeaa Avenge
Bangor Maine
Total Area nacres or squaro feet) 2.9 acres
4. PROPERTY LOCATION (General Description): Example - South side of
State Street 400 yds. East of Pine Street
_ generally westerly side of Renduskeag Avenue.
5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. R32
Parcel003D
6. EXISTING USE: single f41011V dwelling with
]. PROPOSED USE: second dwelling 't over the
8. NAME AND ADDRESS OF OWNER OF RECORD: Name
Richard
1196 Renduskeag
Avenue
AddressRangor. Maine
04401
9. MAKE AND ADDRESS OF CONTRACT OWNER (if such): N/A
V 10. SIGNATURE OF OWNER OR CONTRACT OWNER:
H. A iken
11. REPRESENTATIVE OF APPLICANT: Name MicM1ae:chard
l F.. f nrimxn
(if applicable) 21 Main Street
AddrasSRaggor. Maine n
12, ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM 6 DUPLICATE TO PLANNING DIVISION, CITY HALL,
BANGOR, ME.
Application Fee: Processing Advertising
Total
Zone Change (1/2 acre or
less) $125.00 $ 50.00
$175.00
Zane Change (In excess of
1/2 acre) $225.00 $-50.00
$275.00
Contract Zone Change $400.00 $250.00*
$650.00 —
* Two Ads Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
PROPOSED CONDITION FOR CONTRACT ZONE CHANGE - 119¢ Kenduskeag Avenue
1. That
the density
shall
be
limited
to
two
(2)
dwelling units
per a
2.9
p
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item No. 31 Contract Zone Change - 11S6 Kenduskeag Avenue -
Richard Aiken - C.O. k 96-13V
a. Applicant requests a change from Agricultural Zone to Resi-
dential 2 Zone for a parcel containing approximately 2.9
acres located on Kenbuskeag Avenue. Further, applicant
proposes that the lot shall be limited to a density of two
dwelling units for the total 2.9 acres. Subsequent to the
application we have discussed s items with applicant
and have suggested that a Residential I Zone isappro-
priate i what applicant proposes to do which ismore
to have
two free-standing dwellings on the parcel (by converting an
fisting garage to a residential s
it) and that it i not
applicant's w r
n to create any duplexes on the let. Second-
ly, we suggested that if applicant is seekina urban residen-
tial zoning, that, at ieast, the and dwelling should be
connected to the City'se
s rather than Creating addition-
al on-site waste disposal inthearea.
b. Therefore, werecommend that the applicant's conditions be
supplemented toprovide ior
arequirement that any addition-
al residential structures beo
connected to the City's sewer
and w end that the Z change be changed fm R-2 to
R-1 Zone. Qn that basis we would recommend approval to the
City Council.