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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. - n mr xme Meneper'e Commenb: .i � ,� q ,n c„yx n, An«unA D,ewt Mvrwet. NAt- Finaxnp Csw Lopt Apptossk Cirysafinror First Boosting - peYa_pt_ ❑Worn[ 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 w®®r ' �"P R2 El r 'r �A TO R f 10 a R2 CONTRACT r --/----�'--- EXHIBITA 0X44¢3161 PGO 19 (As Amended) w �� �A TO Fig /CONTRACT ®� PENOOSCOT. REC'D� � + 90NAY -0. PH __ ��V ® �Irs � �• 90-I30 TM A �Z ' ' �A TO Fit __y 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 ® q ' 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 .,.n.....e..... F ..CJI............ . ..'. xoTfa. CPM 01. tl e �:�io:" •••••nm.o uamwe. n�cPifMf / LELNJD M C QLI9LM 4 JW A. GQ SLE PQ MK XP OW, MAWE GLINdf DAY - yY. n _ QICHARD H. AIKSN -Typo; e y xuf- BANGOR SAVINGS BANX //sf/ousc /gs' Fzo.. sr. l GArenaGs /so'rce..-sr j 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.