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HomeMy WebLinkAbout1989-05-22 89-226 ORDINANCEtYnMt Ann" OM June 20, 1989 Itmn No. X26 Amending Zoning Ordinance - 321 Stillwater Avenue - C.O. q Antpg✓i11p(ee: 89-226 (As Amended) - paporinIMNtmp nt tt Planting Division Commentary: The Planning Hoard held apublic hearing on this contract zone change (from R-!. to R-5 (Contract) at its meetieg on June 19, 1989. P. Andrew Hamilton, an attorney representing the appllnants, presented their request. Several abutting neighbors spoke in opposition to the proposed change citing additional "congestion" in this area as a major concern. After considerable discussion about the potential site development and its impact on the neighborhood, the Planing Hoard voted four in favor and one opposed to recesaend to the City Council that the contract zone change request contained in C.O. 8 82226 (As Amended) be approved. NOTE: The Contract Condition have bean changed and the Ordinance should be amended'by substitution. ` N ' M M Monsoon's Common": cityciry Malm�� Aatoniavel Infarnebn:p ,yye, Budget Approval. Finan ' lope Approve: cuyswimar fiarcei Far ®Faaaga ❑ Fiat Ruding Par — of _ 0 Rental 89-226 A®ignM to Councilor (Amended) CITY OF BANGOR (TITLE.) (DaYMM*M Amending Zonmmg ordinance „_.... 321Stillwater Avenue Be&o fwdbyW Cfty CouwttofWCfgofBaasor, as toUgnar 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 parcels of land located at321Stillwater Avenue (Tax Nap No. R-56, Parcel No. 14A and Part of Parcel 13) from Residential 4 Zone to Residential 5 (Contract) Zone. - Said parcels containing approximately four acres andbeing 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 thefollowing. limitations and/or restrictions: A. Tlnepr�operty willbe used exclusively for development for multi -unit dwellings on the following terms and conditions: 1) The density of development of the property shall not exceed twenty (20)dwellingunits per acre; 2) One building on the property may contain up to forty-four -(44)units. That building willbe located on the northwest corner of the property. All other buildings, located on the property _shall individually contain no more than eight (8) units; 3) Upon construction of why new buildings on the south - at or east corners of the property,any such -hp ldiggs shall be screened from existing single-family x siden- tial dwellings. located on the southeasterly andeeasterly sides of the property by the planting. of trees of a minimum height of five (5) feet. 4) The height of anybuilding on the property shall not exceed forty, 4407. feet nor shall zipy.,but1dine-baceed thrae-(B) :fltories. id, city council July 10,1989 amended by adding the exibits and amending by substitution refered to community, and eronom1 �d committee �- City'Clerk 89-226 ORDINANCE TITLE ' Amending zoning Ordinance 321 Stillwater Ave. Anigned On mmritmmn 89-226 (AMENDED) 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 executedagreementin 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. LLU M Wiz" 89-226 APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE May L. 1989 THE PLANNING BOARD OF BANGOR, MAINE: NO. Benita J. Beschaive., 1. f(ME) Gerard J. Bescheine, and Gell Cate 2. of 146 Salaam Drive Bev or, Maine 94)_1498 Address City o[ Post Of f ice Telephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from A.4 zone to the R-5 Contract • zone the property out inedin red on the maps attac eTi ed <cion are part of this application, and described as follows: a gee attached contract conditions 3. ADDRESS OF PROPERTY (if any) 323 Stillwater Avenues SectorMaine 04401 Total Area (acres or square eet +_ ac 4. PROPERTY LOCATION (General Description): Example - South aide of State Street 400 yds. East of Pine Street Located on the southeasterly aide of Stillwater Avenue, 550 feet s0uthwesterly from Interstate 95. Lots lJ and S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. R-56 Parcel 14-A See legal description attached as Exhibit A. 6. EXISTING USE: multi -family housing y. PROPOSED USE: multi -family housing B. MAKE AND ADDRESS OF OWNERSOF RECORD: Name Carard and Units Deschaine Gall Cote146 Stillwater Healthcare Address Bangor, aMaine 04401 335 Stillwater Ave., Bangor, SE 04401 9. N E AND ADDRESS OF CONTRACT OWNER (if such): Seine 10. SIGNATURESOF OWNERSOR CONTRACT OWNER: Xrv�"'. 11. REPRESENTATIVE Of APPLICANT: Namef. Andrewrew Xemiltop. (if applicable) Eaton, Peabody, Bradford S Veague, P.A. Add[easP.0. Box 1210, Hawser Maine 04401 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 $,90.00 $ 50.00 = $140.00 Contract Zone Change- 400.00 '250.00' $650.00 'TWO Ads Required PLEASE BRAD PROCESSING PROCEDURE ON REVERSE SIDS 89-226 CONDITIONS 1. The property (as describe�}}$¢ggs+1 description attached as Exhibit A) will be use o*r2i`Eibpment for multi -unit dwellings on the following terms and conditions: a. The density of development of the property shall not exceed twenty (20) dwelling units per acre; b. One building on the property may contain up to forty-four (44) units. That building will he located on the northwest corner of the property. All other buildings located on the property shall individually contain no more than eight (8) units; C. Upon construction of any new buildings on the southeast or east corners of the property, any such buildings shall he screened from existing single-family residential dwellings located on the southeasterly and easterly sides of the property by the planting of trees of a minimum height of five (5) feet. d. The height of any building on the property shall not exceed forty-five (45) feet. pah\I9 RECENED JUN 0 219 09-226 Item No, 62 Zone Mange - 321 Stillwater Avenue - Berard and Bonita Deschaine And Sall Cate - C.O. a 59-226. a. Applicant requests a zone change from residential 4 Zone to Residential 3 Zane for approximately 4 acres of lane located Off of Stillwater Avenue. The proposed rezoning includes the Park East apartment complex and a portion of the Stillwater Avenue Health Care nursing home. It. The contract conditions provide for a limitation of the u ses to permitted residential uses in the R -S Zane (excluding all the special axceptions) and provide for a lower density cap (20 unite perc acre) than potentially allowable in the R -g Zone. However, this 20 units per acre is a good deal higher density than the densities allowed in the R-4 Zone. (A1- thougs M1, theoretically. a number of Permitted use fourplexas could approach a density of 18 to 19 units per Acre.) The proposed contract zone also limits all buildings except one to 8 dwelling units par building And sites that building adJacent to the very extensive nursing home structure to the northwest which fronts an Stillwater Avenue. The idea of the zone change Is to allow for the construction of a ow e-bedroda, 44 -it building which would have an lntercon- ection with the nursing home to provide back up services for semi -retired and retired older population. The appli- cant his a very difficult site to deal with because of the odd configuration of the lot and the qct that there are several existing buildings on the lot which limit the fur- ther development of the parcel to a great extent. Also, the conditions require extensive screening to the southeast side of the complex towards the R-3 zone with its single-family dwellings which abut the area. C. The applicant has met with the Community and Economic Devel- opment Committee of the City Council and made known it, concerns with the recent change from R-3 to R-4 of this whole area. The Committee has agreed that some additional flexibility to that granted 1n the R-4 Zone would seem to be Appropriate for this parcel with its tie into the nursing hams and its location on the Stillwater Avenue frontage. Therefore( Staff would recommend that the proposed contract zone change be recommended to the City Council. ate aI Pars", Ains DEPARTMENT OF PLANNING AND COMMUNITY Or John M. LOM Plenewo Officer avw 4/12/91 Memo ID, Russ McKenna, City Clerk Subject Contract Zone Change Agreement - C.O. 6 89-226(Qrrw.ul) Attached is theoriginalcopy of the Contract Zone Change Agreement between the City of Bangor and Gerard and Benita Oeschains for property located at 321 Stillwater Avenue. Please keep this on file with C.O. 4 89-226.00"1 Lynnnson IN CITY COUNCIL SiyyL July 24, 1989 SS e( 89-226 BK45 1.3 PG 265' Aassed True Cs Amend galdtubeountc{lor (Amended) 265 A tee[: Copy Nti d'404 Y OF BANGOR CITY CL exr - (TITLE.) (Dri11I10MPON...Amending Q.Ub9.Ord cane€ ................ __........... _321_ Stillwater Avenue ,,,_„ ............. Be 4 ordained by Bu City CoasoU ofBm City dBaep ,ae Ioibwe 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 parcels of Land located at 321 Stillwater Avenue (Tax Map No. R-56, Parcel No. 14A and Part of Parcel 13) from Residential 4Zone to Residential 5 (Contract) Zone. Said parcels containing approximately four 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 1.1.3, 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 thefollowing limitations and/or restrictions: A. The property willbe used exclusively for development for multi -unit dwellings on the following terms and conditions: - 1) The density of development of the property shall not exceed twenty _(20) dwelling units per acre 2). One building on the property may contain up to forty-four -(44)units. That building will. be located n the northwest cower of the property. All other buildings located on the property shall individually contain no more than eight (8) units: 3) Upon construction of any new buildings on the south- east or east corners of the property,any suchbuildings shall be screened from existing single-family residen- tial dwellings. located on the southeasterly and easterly sides of the property by the planting of trees of a minimum height of five (5) feet. _ 4)Theheight of anybuilding on the property shall not exceed forty (40 feet nor shall 'any building exceed' three (3) stories. EXHIBIT E �i4513 n265 - 89-226 (AMENDED) 2. Execution by these 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. IBJ R5 IVA BK4513 PG267 89-266 MMM). RBSCOT. ss RECT 89 SEP -7 AN 9: 18 dii9h REGISTER M R4 TO R5 CONTRACT Abp y N5 4S 13 2s� 89-226 A®p:edto Comamdor Shubert, May 22, 1989 CITY' OF BANGOR (TITLE.) Orbilt=t?t Amending Zoning ordinance 321 Stillwater Avenue Be k ordained 6y Ua Cky COanek afore City OfBaaper, as fsHomc THAT the zoning boundary. lines as established by the Zoning Map of the City of Bangor dated September 23, 1974, as amended, be hereby farther amended as follows: By changing a parcel of land located at 321 Stillwater Avenue (Tax Map No. R-56, Parcel No. 14-A)'from Residential 5 Zone to Residential 5 (Contract) Zone. Said parcel Said containing approximately 3.25 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 impused '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 thefollowing, limitations and/or restrictions: A. The property will be used for development of multi- unit dwellings upon the followingtermsand conditions: 1) newly constructed dwellings are tobe occupied primarily by persons of retirement age; 2) any new buildings constructed on the property shall be set back a minimum distanceof fifty (50) feet from the sideline of Stillwater,:Avenue; 3) any new buildings constructed on the property shall be 'sec back a minimura distance of twenty (20) feet from the side or rear property lines; 4) any new buildings constructed on the property shall not exceed three stories or thirty-five(3) feet in height, and M. Iu City rommil June 30,1989 Consider next meeting 4--ra i y Cle[k In City Council July 10,1989 amended by adding new exibita emended by substitution and refered to community and economic development committee C� City Clerk 9 ORDINANCE ( TITIE.) �g�9121 SYiltpyberAtE In City council July 24,1989 passE vote 9 yes Voting yes BSenchette,England Snoryer,Saxl,Shibert,sosna�. /S�t�o.%nae.,�Eolhven,Tilley L C11W Clerk 5) the density of development of the property shall not exceed twenty-five (23) dwelling units per acre. R. Newbuildings on the property shall be developed to provide aretirement community atmosphere to be compatible with the nursing home use that abuts the property. 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 conditiosn set forth above and the recording of saidecuted 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 isnot so executed and recorded within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. R5 1 M I 89-226 !t I R3 /-NORTH' MR5 TO R5 CONTRACT 8x4513 PG25°9 (726292 CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of Fugust3f, 1989, 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 GERARD J. OESCHRINE AND BENITP J. OESCHRINE both o4 Bangor, County of Penobscot, State of Maine, AND GAIL COTE of Hermon, County of Penobscot, State Of Maine WITNESSETH: WHEREAS, Gerard J. Deschaine, Benita J. Deschaine, and Gail Cote e the owners of record of a certain parcel of land situated in Bangor, County of Penobscot, State of Maine, said land being located at 321 Still- water Avenue and being identified on City of Bangor Assessor's Map No. R-569 as Lot 14A and Part of Lot 13. Reference may be had to a deeds recorded in the Penobscot County Registry of Deeds in Volume 3710, Page 129, and Volume 4089 Page 159, for a more particular description of said land; and WHEREAS, pursuant to 30 M.R.S.P. Section 4962 (2) (1) 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 z 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 four acres, all a set forth in Exhibit A attached hereto and incorporated herein by reference, from a Residential 4 Zone to a Residential 5 Zone under the Zoning Ordinance of the City of Bangor, said application proffering certain conditions orastrictions relating to 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 B9-226 las amended), whereby it reclassified the subject Premises from Residential 4 Zone to Residen- tial 5 Zone under the Zoning Ordinance of the City of Bangor subject to certain restrictions and/or conditions, a copy of said Council Ordinance 89-226(as amended) and the restrictions and/or conditions contained there- °ln^'belnp" attached hereto as Exhibit B and incorporated herein by refer - NOW THEREFORE, in considerationof the reclassification of the subject premises from Residential 4 Zane to Residential 5 Zone under the Zoning Ordinance of the City of Bangor, the parties hereto agree as follows( 1. Gerard J. Daschaine, Benita J. Deschaine, and Gail Cote, their successors and assigns, hereby covenant and agree that the use, occupancy aH4513 Pc260 and/or development of the subject premises, in addition to other applica- ble laws, ordinances, or regulations of the City of Bangor, shall be mu®= ject to the following restrictions and/or conditions on the physical devel- opment or operation of said property, A. The property will be used exclusively for development fpr multi -unit dwellings on the following terms and conditional 1) The density of development of the property shall not exceed twenty (20) dwelling units per sepal 2) one building on the property may contain up to Forty-four (44) units. That building will be located on the northwest corner of the property. All other buildings located an the property shall individually contain no more than eight (8) units( 3) Upon construction of any new buildings on the southeast or n east c of the property, any such buildings shall be screened from existing single-family r sidential dwellings located on the southeasterly and easterly sides of the prop- erty by the planting of trees of a minimum height of five (3) feet. 41 The height of any building on the property shall not exceed forty (40) feet nor shall any buildings exceed three (3) stories. 2. The Owners hereby agree that the above -stated restrictions, provi- sions, conditions, covenants, and agreements a made a essential part of this Agreement, shall ran with the subject premises, shall bind the own- ers, their s and assigns, to 0 of said property o any partwn the any inters s r r of %aid o any interest Merethe and any party in precession o it of, an {aitl enforceable o any part thereof, and shall inure to the benefit of, and be epresentatives, the City of Bangor, by and thrany abM1 its duly autho- rized land. representatives, and the owner or owners of any abutting parcels of land. 3. The Owners hereby agrees that if they, or any person claiming under or through them, shall at any time violate up attempt to violate, o shall omit to perform or observe any one omore of the foregoing restric- tions, provisions, conditions, c ants,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 a r that it i autho- rized to prosecute violations untler n the zoning Ordinance of the City of Bangor in effect at the time o4 said viola- tions. Far the purposes herein, aviotation of this Agree- ment shall be deemed a viotation of said Zoning Ordinance and shall be subject to the penalty provisions of said Ordi- nance in effect 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. SK4513 P62-61 b. The City of Bangor and/or the owner or 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 aamo. The Owners further agree that the failure of the City of Bangor or the owner or of abutting parcels to abject to any violation, however long continued, or to enforce any restrictions, provisions, conditions, covenants, or agreements contained in this Agreement shall in no event be deemed a waiver of the right to do mo thereafter as to the same breach or violation or as to any breach or violation occurring prior to subsequent thereof. 4. The City of Bangor and the Owners hereby agree that the provi- sicns 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 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 construed so as to preclude the future exercise of the Bangor City Council's legimlativa authority relative to thezoning ng of the subject promisee. 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 1, subparagraphs A. 1), 2), 3), and 4), above, subject to the re- strictions, provisions, conditions, covenants, and agreements contained i this Agreement, shall be allowed to continue as a nonconformity or s u whichever the c may be, i accordance with the provinon- conforming dons Of the Zoning Ordinance, a 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 w any and all rights to challenge the validityof Council Ordinancea9-226tas amended) or the terms of this Agreement. V. The parties hereto hereby agree that if onof the restrictions, e 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 n the event any of the contracted provisions contained in paragraph 1, subparagraphs A., 1), 2). 3) and 41, above, are invalidated or such other provision is invalidated s s to constitute a material change in the restrictions, previsions, conditions, covenants, and agreements negotiated by and between the parties, the City of Bangor or abutting land owners shall have the power to seek a s reversion and/or change of the zoning the subject premises to the current zoning classification as maybe in PK 513 PG262 effect at the time of the processing of any such reversion AMM/Or ChaMgg. Said reversion and/or change may be initiated by a Papresentative of tho City of Bangor or an abutting property owner to the subject premi Yes, shall be processed i accordance with theprocedure established for an amendment to the Zoning Ordinance in affect at the time, and shall be valuated inaccordance with the criteria established for the review of zone change applications. It being the intent of the parties hereto that theowner shall not be allowed to benefit from the zone Change for the subjectpremises in the event that the City of Bangor or abutting land owners e deprived of the conditions negotiated to minimizm the negative externalties of the requested rezoning. S. 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 of the day and year first above written. Witness Witness s �, da ati /✓� {IIBU!/AlI J witness 11a_(_!..., r STATE OF MAINE executed and deed/liveered as C /LIIfL'IXW-'-� Gerard J. Descbaine �lan,.Q�, lX Qr9c�r�� Benita J. hai ne Gai 12Cote L CITY OFF/ nn BANGORBy Edward R. Barrett Its City Manager Penobscot, as., August 29 , 1989 Then personally appeared the above-named BENITA J. DESCHAINEana acknowledged the foregoing to be hexfree act and deed. Before me, a 8x4513 PG263 STATE OF MAINE Penobscot, as. August 29, 1989 £o Then Pere lly app ed the ab-nam�� L W and acl pledged the foregoing i fact ree Before ane, rhe S as A NOCARY PGB:.i,G �.. STATE OF MR 5�1. Penobscot, ss. August 29 , 1989 T personally appeared the above-na d GERAPD S. DESCHA W and aclawaledged the foregoing insGrurent to be his free act and deed. Before me, u3 m Uwndm NOTARY-.TJBLI:C SPATE OF MAINE - Seas. Penobscot, as. August 31 , 1989 Then parsarelLy appeared the abovs-naned FD.34BI) A. BABRBff and aclarrwledged the foregoing to be his free act and deed in his said capacity as aty Manager and the free act and deed of said City. of Banger.. Before so, ZaJJ Nam 'rjwm Lci. Coaey �w� Justice of the Pace SE ry e O Nota ..' e05 I N 254 m JL T N Fes! R3' /-ED-ETH' o JR4 TO R5 CONTRACT . _ - EXHIBIT A