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HomeMy WebLinkAbout1990-07-23 90-275 ORDINANCEQM August 8, 1990 Ilan No. y76-In7r Amending zoning ordnance - outer alio street - C.D. 8 90-215 hem/Subject: Contract Zone Change (A HMD) RmWewlL papanmW : Planning Division Co:nnwnWy: The planning Board held a public hearing on the above contract acne change request at its regular meeting on August 6, 19%. - The applicants explained the contract conditions noting that no manufactured housing unite (mobilehomes) less than 22 feet in width would be allowed. Two abutters spoke briefly primarily to ask questions about the process and now proposed fencing and drainage area reservations would be maintained in Me future. The Planting Board voted to emend one of the contrast conditions to require maintenance as well as installation or the proposed fencing and to require pla tings along the proposed fence in the area of the drainage reservation. The Beard then voted wane usly to recommend the amended Ordinance to the city Council. 1 mot MMpm'B r.Olnnbllb: �-`+LOJ'l' ""'ti6�1�/`V WUy CGr+1%LrPa�i; A,� a? . �����/l�� {1flnGlemd bltnrmeb011:a Wl 6.� � a /� 6'�'" Budgat APpoeal. Fmmtt Dusan, legal AMweah CiySWruw �Firm Reading - - - ❑Aelerral Acal,med to Councilor ...tiCAO'SCj 9 CITY OF BANGOR (TITLE.)ryp �X1YmanCRt Amending. Zoning Ordinan=e,,,, _.. Outer Ohio Street Be k ardniued by the Ctiv Couneit of Me City ofBatimag aefMaimu THAT, the zoning boundary linea 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 a parcel of land located on outer Ohio Street (Tax Map Be. A-14, Parcel No. 6D) it= Residential 1 Sone to Residential lA Zone. Said parcel containing approximately 9.63 acres and being more particularly indicated on the nap attached hereto and made a part hereof. PROVIDED, HOWEVER, THAT, in addition to the mandatory conditions imposedby Chapter VIII, Article 21, Section 11.3, Ordinances of the City of Burger, said chatge of wore is granted subject to the following conditioner: 1.ryThe use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. Only home; 22 feet or greater in width are permitted. (No single wide mobile homes are permitted). B. Before any development orconstructl clvbt xT , a wooden fence of at least six feet. in height moat be trotted and shall be maintained in attractive and structurally sound condition by the applicant for a period of at least ten years on the shared property lines between Fox San and the following lots on Map Rm14r 7A, 7F, aM 6. The current property owners of these loteduclude. J. Antonio Andrade (7A), James and Diane Young (7F), and Walter & Victoria Holman. The applicant shell also plant shrubs or trees along the Pence line in the area abutting the area reserved for storm water drainage on the approved subdivision plan. C. All hwnea must Peet on a 6" concrete reinforced slab, itoatwell, or a full foundation/easement, D. No vinyl or wooden skirting will be permitted. As a substitute, c - erete blocks will be used along with a care seal compound which is applied to the exterior of the concrete blocks. 90-275 Awmgmedto Cawcflor England July 23, 1990 CITY OF BANGOR (TITLE.) (DTt}IttmweC Ammaing caning ordinance ...... _1, I I 1 1. ante; Ohio gtreet _.. &Kordairud by Me City CmuSefMeCkvNEaapor.asfdlome.- THAT, the seeing boundary lines as established by the Zoning Map of the City of Burger dated September 23, 1974, as amended, be hereby further amended as follows: By changing a psrcel Of lend located on Outer Ohio Street (Tax Nap No. R-14, Parcel No. 6D) t4® Residential 1 Zone to Residential lA Zone. Said parcel am- lefning approximately 9.63 acres and being more particularly indicated on the map an attached hereto d made a part hereof. PROVIDED, H01E7221 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 sone is grunted subject to the following conditions: 1. The use and/or operation of the subject premiaee sball be subject to the following limitations and/or restrictions: A. Only, homes 22 feet or greater in width are permitted. (No single wide while homes are permitted). B. Before any development or construction occurs, a wooden fenceof at least six feet in height must be erected on the shared property lines between Fox Run and the following lots on Nap R-14: 7A, 7w, and 6. The current property owners ofthese lots include J. Antonio Andrade (7A), James & Diane Young (i), and Walter E Victoria Holman (6). C. All human must rest on a 6' concrete reinforced Blab, frostwall, or a N11 foundation/basement. D. No vinyl or wooden skirting will be permitted. As a substitute, con- crete blocks will be used along with a sure seal compound which is applied to the exterior of the concrete blocks. 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 x ording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreeced; being on file in the Office of the City Clerk and incorporated herein by reference. In the event that said agreement is not no executed and recorded within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. so-zTs ORDINANCE IV CITY COUNCIL ( TITLE,) dreading. String ordinance Outer July 13, 1990 _Re, red t0 ;len�ard. Ohio Street. CLEM Aeugoed to IN CITY COUNCIL August 13, 1990 Amended by Subscituronand Gucilmon Yaased by�the fdlloWing yes, and n votes. CounclUrs voting yes: Laldaa+x{:..Cohen, England:' Savyeri,San1, .SQsnaud, Neave aid Sullivan. Councilon absent: elanche[te. APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT T0: THE CITY COUNCIL AND DATE July 17, 1990 THE PLANNING BOARD OF BANGOR, MAINE:. NO. 1. I(WE) 1 8 H Enterprises, i 2. of P.O. Box 8055, Bangor Maine 941-8856 Address Clty or Post Office Telephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from R-1 gone to the R-1Ar zone the property outlined in red On the maps attach Fre ralo, vhiM are part of this application, and described as follows: 3. ADDRESS OF PPOPERTY (it any) Ohio Street Total Are�x(acres or square feet) 9. f Acres 4.. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street Property known as Fox Run located between 1424 and 1448 -Ohio Street. .. 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map NO.R-14 Parcel 6D 6. EXISTING USE: Vacant land 7. PROPOSED USE: _DeVeloped single family bd i Sion S. NAME AND ADDRESS OF OWNER OF RECORD: Name Floyd A Marlene Farren Address 13 W. Park St., Bangor 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): Same aS applicant 10. SIGNATURE OF OWNER OR CONTRACT OWNERi, Lt EN1:� 11. REPRESENTATIVE OF APPLICANT: Name Brian Harp (if applicable) Address Bangor Maine 12. ATTACH ANY CONDITIONS PROPOSED POR A CONTRACT ZONE REQUEST. RETURN FORM p DUPLICATE TO PLANNING DIVISION# CITY HALL, BANGOR, HE. Application Fee: Processing Advertising Total me Change (1/2 acre or leis) -(in $250.00 $ 50.00:. $300.00 me Change excess,'of 1(2 $400.00_ $ 50.90 $450.00 acre). ,ntract Zone Change{ $600.00 $250.00* $850.00 *Two Ads Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE CONTRACT ZONE CHANGE RESTRICTIONS I) Only homes F22 feet or greater in width are permitted. (No single wide mobile homes are permitted) 2) Before any development or construction occurs, a wooden fence of at least six feet in height must be erected on the shared property lines between Fax Run and the following lots on Map R-14: 7A, 7F, and,6. The current property owners of these .',.lots include J. Antonio Andrade (7A), James & Diane young (7F), and Walter & Victoria Holman 16). 3):Ail homes must rest on a V concrete reinforced slab, frosteali, . - or a full foundation/basement. 4) No vinyl or wooden skirting will be permitted. As a substitute, concrete blocks will be used along with a sure seal compound which i5 applied to the exterior of the concrete blocks. -7- The following list of people are associated with: L & H F terprises''- Ge Ott LeMaia Brien Harp* ...... .... PUBLIC HEARING Item No. 4: Contract Zone Change - Outer Ohio Street - 1,.6"H Enterprises. Inc. - C.O. # 90-273. A. Applicant requests a change of a previously approved subdivi- sion containing a little less than ten acres from Residen- tial I to Residential LA. The proposed contract conditions limit the manufactured housing type to so-called "double-wides" as there is a 22' minimum width and Ingle -wide mobilehomes are specifically excluded. Also, the contract conditions further provide for fencing of shared property lines of abutting owners well as provid- ing specific provisions for concrete slab, frost wail, or full foundation for the housing. The typical "skirting" gad with mobilehomes is also prohibited and concrete blocks are required instead. b. From a comprehensive planning point of view the proposed zone change is order. First, the area is within the c primary s ca boundary in that a of Ohio Street and secondly, the area is proposed for low-density residen- tial one n the Land Use Concepts Map. Thirdly, the provi- ,of this'type of housing i s clearly o of the objec- tives pf the City's Housing Element in the Comprehensive Plan._q Finally, this particular housing development has pro�pded for additional development standards above and beyond that included in the definition a"Manufactured housing"in the City's Ordinance to i e that this develop- ment will be in appearance like any other single-family detached subdivision. (Modular homes, those preconstructed n the manufacturing location and placed on a foundation on a housing site, are permitted under the City's Ordinances, anywhere where single-family r si tlentialua permit- ted.) The fact that these units will be, technicaily,an u - factored housing" will be difficult to discern because of the contract zone restrictions which will lead to more typi- cal shapes and size% of the housing unite. C. Since the contract zone change request i n keeping with the Comprehensive Plan and is appropriate for the low-density residential and R-1 zoning in this area, Staff. mid recommend that the Planning Board recommend approval to the City Council. 90-275 Aedgned to CauncBot England July 23, 1990 CITY OF BANGOR (TITLE) (OrM.tk Ugi A:.esuL l zoning Ordinance... ........ Outer _Q.hjo. StreeS........_.. Be it ordauwd by eke City Caused of the City of Baader, am follows: THAT, the zoning boundary lines aestablished by the Zoning Map of the City of Bangor dated September 23, 1904, as amended, be hereby further amended is follows: By of Parcel No. 6D) fromlResidentialcated an Cater Ohio I Saba to Residentialreet a Sone. SaidNo. parcel con- taining approximately 9.63 a 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 one 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. Only homes 22 feet or greater in width are permitted. (No single wide mobile homes are permitted). E. Before any development or construction occurs, a wooden fence of at least six feet 1n height must be erected an the shared property linea between Fox Run and the following lots on Map R-14: 7A, 7F, and 6. The current property owners of these lots include J. Antonio Andrade (OA), James & Diane Yong (7), and Walter & Victoria Hol.swr (6). C. All homes mast rest an a 6" concrete reinforced slab, 4rostwall, or a full foandaticn/basement. D. No vinyl orwooden skirting will be permitted. 9s a substitute, can rete blocks will be used along with a sure seal compound which is applied to the exterior of the concrete blocks. 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 r ordiag of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being an file in the Office of the City Clerk and incorporated herein by reference. In the event that said agreement is not so executed and res orded within ninety (90) days from the date of passage hereof, this Ordinance shellbecome null and void. BK4750 PG370 02395 CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of November 13 + 1990, 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 FLOYB FARREN AND MARLENE FARRENo of Bangor, County of Penobscot, State Of Maine WITNESSETH: WHEREAS, Floyd Farren and Marlene Farren are the owners of record of a certain parcel of land situated in Bangor, County Of Penobscot, State of Maine, said land being located an Outer Ohio Street, and being identified n City o4 Bangor Assessor's Map No. R-14, as Lot 60. Reference may be had to a deed recorded in the Penobscot County Registry of Deeds in Volume 3634, Page 36, for a more particular description 04 said land; and WHEREAS, pursuant to 30 M.R.S.A. Section 4962 (2) (1) and Chapter VIII, Article 2, Sec. 8 and Article 21, Sec. 11 of the Laws and Ordinances Of the City 04 Bangor, application was made for a contract z change, so-called, to reclassify said parcel a+ land (said parcel hereinafter being referred t0 as the "subject premises') said parcel comprising a land area of approximately 9.63 acres, all a set forth in Exhibit A attached c hereto and incorporated herein by reference, from a Residential 1 Zone to a Residential IA Zone under the Zoning Ordinance of the City of Bangor, said application proffering certain conditions orrestrictions relating to the physical development and/or operation of the subject premises; and WHEREAS, subsequent to a public hearing an the matter, and after due consideration given to the recommendations Of the Planning Board, the Bangor City Council adopted Council Ordinance 90-275 (as amended), whereby it reclassified the subject premises from a Residential 1 Zane t0 a Residential lA Zone under the Zoning Ordinance of the City of Bangor subject to certain restrictions and/Or conditions, a copy of said Council Ordinance 90-275 las amended) and the restrictions and/or conditions contained therein being attached hereto as Exhibit B and incorporated herein by reference. NOW THEREFORE, in consideration of the reclassification of the subject premises from a Residential i Zone to a Residential IA Zone under the Zoning Ordinance 04 the City 04 Bangor, the parties hereto agree as 401 - laws. 1. Floyd Farren and Marlene Farrar, their s and assigns, ns hereby covenant and agree that the u occupancy and/or development Of the subject premises, in addition to other applicable laws, ordinances, or BK4750 Pc37'1 regulations of the City of Bangor, shall be subject to the following Te - striations and/or conditions on the physical development or operation of said property: R. Only homes 22 feet or greater 1n width are permitted. (No single wide mobile homes are parmittedl. B. Before any development o nstruction o wooden fence of at least six feet s in height mustcbeerected and shall be maintained in an attractive and structurally sound condition by the applicant for a period of at least ten years on the shared property lines between Fox Run and the following jots on Map R -ii: 7A, 7F, and 6. The current property owners of these lots include J. Antonio Andrade (PA), james and Diane Young (7F): and Walter & Victoria Holman. The applicant shall also plant shrubs or trees along the fence line in the a abutting the a reserved for storm water drainage on the approved subdivision plan. C. All homes must rest on a 6" concrete reinforced slab, frost - wall, or a full foundation/basement. D. No vinyl or wooden skirting will be permitted. As a substi- tute, concrete blacks will be used along with asure seal compound which is applied to the exterior of the concrete blacks. 2. The Owners hereby agree that the above -stated restrictions, provi- sconditions, c ants, and agreements a made a essential sential part of this Agreement, shall run with the subject premises, shallbind the own - irrsq their successors antl assigns, to or of said property or any part thereof or any interest therein, and any party in possession or occupancy said property or any part thereof, and shall i ore to the benefit of, and be eniorceabieby, the City of Bargar, by and through its duly autho- rized representatives, and the owner or owners of any abutting parcels Of land. 3. The Owners hereby agree that if 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 o of the foregoing restric- tions, provisions, conditions, covenants, and agreements, the City o Bangor and the abutting Landow (s) shall have the following r media , 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- rized to prosecute violations under theZoning Ordinance o. the City of Bangor in effect at the time of paid viola- tions. For the purposes herein, av iation of this Agree- ment shall be deemed a violation of said Zoning Ordinance and shall be subject to the penalty provisions of said Ordi- nance eect at the time of violation. Each day that a violation is permitted to exist after notification of the BK4750 PG372 e pursuant to said Ordinance shall constitute a Separate afinense. b. The City of Bangor and/or the owner or owners f 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 of the City of Bangor or the owner or owner gf 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 @Vent b@ deemed awaiver m of the right to do so thereafter as to the same breach on violation or as to any breach or violation occurring prior tosubsequent thereof. 4. The City of Bangor and the Owners hereby agree that the provi- sions of this Agreement shall remain in 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 i ordance with the i 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 Construed so as to preclude the future exercise f the Bangor City Council's legislative authority relative to the z zoning of the subject premises. the event that the z s zoning of said premises is changed by the o City C unc'lln any use established under the •provisions outline in para- graph , eubparagraphs A., B. and D. above r subject to the r ic- tions,s provisions, conditions, c and agreements contained inthis Agreement, ,hail be allowed to continue as nonconformity o o - ing use, whichevsr the c may be, i cordance with the provisionsnrmof the Zoning Ordinance, 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 o Council Ordinance 99-275 (as amended) or the terms of this Agreement. 7. The parties hereto hereby agree that i f the restrictions, provisions,conditions,ants and agreements, n r portions thereof, contained inthisAgreement is f any reason held invalid o unconstitu- tional by any court of Competent jurisdiction, such portion shalbe 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 i subparagraphs A., B. and D., above, nlidated o such other provision is invalidated s s to constitute amaterial change In the restrictions, provisions, conditions, covenants, and agreements negotiated by and between the parties, the City 04 Bangor or abutting land owners BK4750 PG373 shall have the power to seek areversion n and/or change of the zoning of the subject premises to the current z zoning classification a maybe i effect at the time of the processing of any such reversion and/or chance. Said r l and/or change may be initiated by a representative of the Oity ofVBangor or an abutting propertyown er to the subject premises, shall be processed i accordance with theprocedure established fr amendment to the ZoningOrdinance in affect at the time, and shallben evaluated in accordance with the criteria established for the review zone change applicatio it being the intent of the parties hereto that theowner shall not be a r n wed to benefit from the z change for the subject promises in the event that the Cityof Bangor OP abutting land owners e deprived of the conditions negotiated to minimize the negative externalties 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. IN WITNESS WHEREOF, this Agreement has been executed and delivered as f the day and yej first above written. .i i pi j / ar oyf n ^$'ness CITY OF BANGOR Ce4� ' BY W Faward Aarr bit its city manager STATE OF MAINE Penobscot, as., November /J , logo Then personally appeared the above-named Floyd Farren and Marlene Farren and acknowledged the foregoing to be their free act and deed. Before Pr ted Nama:NA*OD40iM Mutvrr ' aL Attorney attLaw eK4750 PG374 STATE OF MAINE Penobscot, as. November jJ , 1990 Then personally appeared the above-named Edward A. Barrett and acknmwl- edged the foregoing to be his free act and deep in his said capacity as City Manager and the Free act and dead or said City of Bangor. Before me,� Notary Public Attarrw ---i---'--r' C8�B oA --r i I; 1- irAll a� R t' /%%� A- RK 0 PG375 (As Amended) K EXHIBIT A ®R1 T RIA .BK4750 Pc376A est COUNCIL11 Passed as Amended90.295 ATre Copy, Aµt,�gx�a' he Councilor (AS MJFN gf) CCCI NC CITY DZB�: CITY OF BANGOR (TITLL) �[�(jjgj[(Q, nding zoning ordinance.,,,, Outer Ohio Street _. ........... _. ............_. Be B ordaimd by Me Cita CnwwsR ofibe aft aBonpw, asfot w THAT, the zoning boandaxy lines as established by the Zoning Map of the City Of Bangor dated September 23, 1994, as amended, be hereby further amended as follows: By changing a parcel of land located on Outer Ohio Street (Tax Map No. R-14, Parcel No. 6D) from Residential 1 Zona to Residential lA Zone. Said parcel containing approximately 9.63 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 imposedby Chapter VIII, Article 21, Section 11.3, Ordinances of the City of Bangor, said change of zone isgrented 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. Only homes 22 feet or greater in width are permitted. (No single wide mobile homes are permitted). B. Before any development orconstructionoccurs, a wooden fence of -at least six feet in height moat be erected and shall be maintained in an attractive and structurally sound condition by the applicant for a period of at least ten years on the shared property linea between Fox Run and the following lots on Map R-14: 9A, 9F, and 6. The current property verses of these lots include J. Antonio Andrade (9A), James and Diane Ferry (9F), and Walter & Victoria Holmen. The applicant shall also plant ahrebs or trees along the fence line in the area abutting the area reserved for storm water drainage on the approved subdivision plan. C. All homes must rest on a 61 concrete reikbrced slab, frostwall, or a Pull founedatiatebasement, D. No vinyl or wooden skirting will be permitted. As a substitute, con - costs - „ este blocbswill be used along with a sure seal compound. which is applied to the exterior of the concrete blocks. EXHIBIT B 9M4750 PG377 90.27] (�NDPD) 2. Execution by those parties with an interest in the effected 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 ehall become null and void. PENOBSCOT RE RECO . 90 NOV 13 PM 3: 38 ATTEST; U — cT., REGISTER unucaucend ror ❑P pe - _ ❑ Bust Reading QAelatq .. ` Papa—of_ Cam Actin DM July 18, 1990 Itan No. 90—P5 IleM9mDjeetr Amending Zoning Ordinance - Outer Ohio Street IiwPDMSJ bDOW in Planning mvision Canmen{ayi For Referral to Planning Board. APpliesnt is requesting e contract zone change for a parcel of land located on Outer Ohio Street. The requested cha ne.is Oil= Residential 1 Zone. to Resi- dent£al 1A Zone.- '- �gmmd Man"W's CnnmllMtl. , CitYMavp AswcleM Infomuuon. Budpat AppemN. 9 •`:. Amus Doenar Legal APPtmat. cmyswmeer unucaucend ror ❑P pe - _ ❑ Bust Reading QAelatq .. ` Papa—of_ pIdg of Pangor, coubw DEPARTMENT OF PLAN NMG AND COMM VNITV De John M. tom Manning Officer Om April 12, 1991 Memo Tv Ruse McKenna, City Clerk Sumer: �_ Contract Zone is Agreement - C.0, 9 90-2756000e J) pIdg of Pangor, coubw DEPARTMENT OF PLAN NMG AND COMM VNITV De John M. tom Manning Officer Om April 12, 1991 Memo Tv Ruse McKenna, City Clerk Sumer: �_ Contract Zone Change Agreement - C.0, 9 90-2756000e J) Attached is .the original copy of the Contract Zone Change Agreement between the City of Bangor and Floyd and Marlene Farren for property located on Outer Ohio Street. Please file this agreement with C.O. $ 90-2]541ev,,") 701 90-275 APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE Only 17, 1990 THE PUNNING BOARD OF BANGOR, MAINE: NO. 1. I(We) L & H Enterprises Inc. 2. of P.O. Box 8055 Ban orMaine 941-8856 Address C ty or Post Office Te ep one hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from R-1 zone to - the R -IA zone the property outlined in red on the maps attac edhereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) Ohio Street Total Area (acres or square feet) 33 Acres 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East Of Pine Street Property known as Fox Run located between 1424 and 1448"01bio Street. S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No.R-14 Parcel 60 6. EXISTING USE: Vacant land 7. PROPOSED USE: peveloped single family subdivision B. NAME AND ADDRESS OF OWNER OF RECORD: Name Floyd & Marlene Farren Address 13 W. Park St., Bangor 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): Same as applicant Application Fee: Processing Advertising Total me Change (1/2 acre 10. SIGNATURE OF OWNER OR CONTRACT OWNER:- / /_� Ltg 61.) 11. REPRESENTATIVE OF APPLICANT: Name Brian Harp'— $450.00 ' (i£ applicable) / Address Bangor, Maine $250.00* $850.00 *Two Ads Required - 12. ATTACH ANY Cq'lDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST, PROCESSING PROCEDURE ON REVERSE SIDE RETURN FORM 6 DUPLICATE TO PLANNING DIVISION CITY HALL BANGOR ME Application Fee: Processing Advertising Total me Change (1/2 acre or less)$250.00 $ 50.00 $300.00 me Change (in excess of 1/2 $400.00_ $ 50.00 $450.00 acre )ntract Zone Change $600.00 $250.00* $850.00 *Two Ads Required - PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 90-275 CONTRACT ZONE CHANGE RESTRICTIONS 1_) Only homes•22 feet or greater in width are permitted. (No Single wide mobile homes are permitted) 2) Before any development or construction occurs, a wooden fence of at least six feet in height must be erected on the shared property lines between Fox Run and the following lots on Map R-14: 7A, 7F, and 6. The current pproperty owners of these i' Clots include J. Antonio Andrade (7A), James & Diane Young (7F), and Walter & Victoria Holman (6). 3) All homes must rest on a 6" concrete reinforced slab, frostwall, or a full foundation/basement. 4) No vinyl or wooden skirting will be permitted. As a substitute, concrete blocks will be used along with a sure seal compound which is applied to the exterior of the concrete bdocks: 90.275 (AMENDED) 2. % ecutise by those parties with an interest in the affected property of an agreemeetTrovldingfor the implmentation and enforcement of all the terme and conditions set Porth 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 s cuted and recorded within ninety (90) days from the date of passage hereof,. this Ordinance shell become null and void. I t � ------------------